table of contents - san diegodocs.sandiego.gov/councilminutes/2008/min20081118rm.pdf · 2008. 11....

THE CITY OF SAN DIEGO, CALIFORNIAMINUTES FOR REGULAR COUNCIL MEETING

OFTUESDAY, NOVEMBER 18, 2008

AT 9:00 A.M.IN THE COUNCIL CHAMBERS - 12TH FLOOR

Table of Contents

CHRONOLOGY OF THE MEETING...........................................................................................7 ATTENDANCE DURING THE MEETING.................................................................................7 ITEM-300: ROLL CALL..........................................................................................................8 NON-AGENDA COMMENT........................................................................................................8 COUNCIL COMMENT ...............................................................................................................12 INDEPENDENT BUDGET ANALYST COMMENT................................................................12 CITY ATTORNEY COMMENT.................................................................................................12 ITEM-30: Approval of Council Minutes ...............................................................................13 ITEM-31: Gloria Tran Day ....................................................................................................13 ITEM-32: Gene and Wanda Elmore Day...............................................................................14 ITEM-50: Amending the San Diego Municipal Code relating to the Living Wage Ordinance and Contractor Standards......................................................................................15 ITEM-51: Extension of Cooperative Agreement with CalTrans for Improvements to State Route 163/Clairemont Mesa Boulevard Interchange............................................17 ITEM-52: Centre City Development Corporation Performance Audit..................................19 ITEM-53: Extension of Cooperative Agreement with CalTrans for Improvements to I-805/La Jolla Village Interchange .......................................................................21 ITEM-54: Second Amendment to the Consultant Agreement with Kimley-Horn, Inc., for Genesee Avenue/Interstate-5 Overcrossing Project..............................................23 ITEM-55: Extension of Cooperative Agreement with CalTrans for Improvements to I-5/Sorrento Valley Road Interchange ..................................................................25

Minutes of Tuesday, November 18, 2008Table of Contents (Continued)

ITEM-56: Amended Cooperative Agreement with CalTrans for Genesee Avenue/Interstate 5 Overcrossing.........................................................................................................27 ITEM-100: Inviting Bids for the 60 th Street Accelerated Sewer Project.................................28 ITEM-101: Two actions related to Inviting Bids for Sewer Group 703 Project...................... 31 ITEM-102: Inviting Bids for Sewer and Water Group 73.......................................................35 ITEM-103: Two actions related to Inviting Bids for Water Main Replacement Group 3008.38 ITEM-104: Inviting Bids for the Construction of Utilities Undergrounding of Block 2E, Phase I Project.......................................................................................................42 ITEM-105: Agreement with UC Regents-University of California, San Diego (UCSD) for La Jolla Shores Areas of Special Biological Significance (ASBS) Dry Weather Flow and Pollution Control Grant Program...................................................................45 ITEM-106: First Amendment to the California Center for Sustainable Energy (CCSE) Customer Service Agreement...............................................................................49 ITEM-107: Second Amendment to Agreement with AKT LLP, for External Auditor for Bid to Goal and Pay for Performance Programs.........................................................52 ITEM-108: Beach Area Neighborhood Prosecution Initiatives Fund......................................55 ITEM-109: Consultant Agreement with Simon Wong Engineering, Inc., for the Georgia Street Bridge Over University Avenue Project ...............................................................56 ITEM-110: First Amendment to As-Needed Consultant Agreement with Estrada Land Planning, Inc. ........................................................................................................58 ITEM-111: First Amendment to Consultant Agreement with KTU+A, Inc., for Mission Bay- Fiesta Island General Development Plan (GDP)..................................................62 ITEM-112: Approving Additional Supplies of Sodium Hypochlorite Used for Disinfection.65 ITEM-113: Return of Endowment Funds for Maintenance of Medians on Montezuma Road to San Diego State University...................................................................................67


ITEM-114: Community Oriented Policing Services (COPS) Technology 2008 – Enhanced Field Automation Capabilities..............................................................................69 ITEM-115: Prop 1B Traffic Light Synchronization Program (TLSP) At-Grade Crossing and Traffic Synchronization Project ............................................................................72 ITEM-116: Continued Retention of Sullivan Hill Lewin Rez & Engel, A Professional Law Corporation for Legal Services for Case Janet M. Wood vs. City of San Diego .. 74 ITEM-117: Contract for Legal Services with Paul Plevin Sullivan & Connaughton, LLP, Regarding Jacqueline Lindsay vs. Office of the City Attorney and City of San

Diego.....................................................................................................................76 ITEM-118: Retention of Wood, Smith, Henning & Berman, LLP for Legal Services for Case Bun Bun Tran vs. City of San Diego et al .............................................................77 ITEM-119: Settlement of Property Damage Claim of Lexington Insurance Company as Subrogee of San Diego Unified School District...................................................79 ITEM-120: Settlement of Personnel Claim of Linda Woodbury.............................................80 ITEM-121: Consultant Agreements with NBS Government Finance Group and David Taussig & Associates for Community Faciliti es District and Assessment District Administration Services........................................................................................81 ITEM-122: Sewer Easement Vacation in Parcels 2 and 3 of Parcel Map 4380 ...................... 84 ITEM-123: Easement Exchange with AT&T California – Vineyards Golf Course................ 86 ITEM-124: Community Sign Installations at Various Locations ............................................88 ITEM-125: Angle Parking Installation on Hornblend Street...................................................91 ITEM-126: Multiple Species Conservation Program - Property Acquisition..........................93 ITEM-127: Three actions related to Ratification of the 2008 Project Area Committee (PAC) Election for Three Redevelopment Project Areas................................................94


ITEM-128: Appointment to the La Jolla Shores Planned District Advisory Board ................ 97

ITEM-129: Drainage Easement Vacation within a Portion of Lots 8, 15, and 16, Block 6 of Map 1216 of La Jolla Strand .................................................................................98 ITEM-130: Reappointments to the San Diego Convention Center Corporation Board of Directors..............................................................................................................101 ITEM-131: Reappointments to the Parking Advisory Board................................................102 ITEM-132: Reappointment to the Relocation Appeals Board...............................................103 ITEM-133: Appointment and Reappointment to the Housing Commission.........................104 ITEM-134: Appointment to the Funds Commission.............................................................105 ITEM-135: Appointment to the Human Relations Commission...........................................106 ITEM-136: Appointment to the Sustainable Energy Advisory Board...................................107 ITEM-137: Appointment to the Historical Resources Board................................................108 ITEM-138: Amending the 2008 Legislative Calendar to Add a Meeting of the Natural Resources and Culture Committee on December 3, 2008..................................109 ITEM-139: Conflict of Interest Code for General Services Department...............................110 ITEM-140: Conflict of Interest Code for San Diego Convention Center Corporation..........112 ITEM-141: Conflict of Interest Code for the Southeastern Economic Development Corporation .........................................................................................................114 ITEM-142: Conflict of Interest Code for the Park and Recreation Department....................115 ITEM-143: Conflict of Interest Code for the Office of the City Treasurer ........................... 117 ITEM-144: Conflict of Interest Code for City Council, Council Administration, and Independent Budget Analyst...............................................................................119


ITEM-145: Conflict of Interest Code for the Administration Department............................121 ITEM-146: Conflict of Interest Code for Environmental Services Department....................123

ITEM-147: Jerry Magee Day .................................................................................................125 ITEM-148: Water Department Heroes Day...........................................................................126 ITEM-149: Sanford Consortium of Regenerative Medicine Day..........................................126 ITEM-150: Kathleen Finn Day ..............................................................................................127 ITEM-151: Michael Dudley Day ...........................................................................................128 ITEM-152: George W. Marston Day.....................................................................................128 ITEM-153: The Thursday Club Day ......................................................................................129 ITEM-154: Brian Schoenfisch Day.......................................................................................130 ITEM-155: Marie Graver Day ...............................................................................................130 ITEM-156: Clairemont’s Official Birthday ........................................................................... 131 ITEM-157: Cyber Security Awareness Month ......................................................................132 ITEM-158: Declaring a Continued State of Emergency Regarding the Wildfires................132 ITEM-159: Declaring a Continued State of Emergency Due to Severe Shortage of Affordable Housing in the City .............................................................................................133 ITEM-160: Declaring a Continued State of Emergency Regarding the Discharge of Raw Sewage from Tijuana, Mexico............................................................................134 ITEM-161: State of Local Emergency Declaration Regarding the Landslide on Mount Soledad................................................................................................................134 ITEM-207: Two actions related to Proposed Water Rate Increases......................................135


ITEM-210: Palladium at Aero, Project No. 148904..............................................................139 ITEM-330: Requiring Automated External Defibrillators in Specified Newly Constructed Buildings .............................................................................................................147

ITEM-331: Reconsideration of City Council Resolu tion regarding As-Needed Agreement for Community Outreach Services with Katz and Associates vetoed by the Mayor on October 30, 2008.................................................................................................150 ITEM-332: Neighborhood Stabilization Program – Plan Adoption for Submittal to the U.S. Department of Housing and Urban Development..............................................153 ITEM-333: Sale of City Owned Property to Anna Avenue Associates, LLC, and Execution of Grant of Easement and Grant Deed....................................................................156 ITEM-334: Selection of a Council President for Calendar Year 2009..................................158 ITEM-335: Archstone Mission Gorge, Project No. 142570 ..................................................159 ITEM-336: 860 Agate Map Waiver, Project No. 161894......................................................167 ITEM-337: Golden Triangle Business Center, Project No. 155174 ......................................170 REPORT OUT OF CLOSED SESSION....................................................................................175 NON-DOCKET ITEMS.............................................................................................................175 ADJOURNMENT.......................................................................................................................175

Minutes of the Council of the City of San Diegofor the Regular Meeting of Tuesday, November 18, 2008

CHRONOLOGY OF THE MEETING: The meeting was called to order by Council President Peters at 10:03 a.m. The meeting wasrecessed by Council President Peters at 12:00 p.m. for the noon recess and thereafter toreconvene at 2:00 p.m. The meeting was reconvened by Council President Peters at 2:08 p.m. with all Council Memberspresent. Council President Peters recessed the meeting at 3:38 p.m. to convene theRedevelopment Agency and the Housing Authority, thereafter. Council President Petersreconvened the regular meeting at 3:49 p.m. with all Council Members present. CouncilPresident Peters recessed the meeting at 5:03 p.m. for the purpose of a break. Council PresidentPeters reconvened the meeting at 5:12 p.m. with Council Member Young and Council MemberMaienschein not present. Council President Peters recessed the meeting at 7:13 p.m. for thepurpose of a break. Council President Peters reconvened the meeting at 7:24 p.m. with CouncilMember Maienschein not present. Council President Peters recessed the meeting at 8:22 p.m.for the purpose of a break. Council President Peters reconvened the meeting at 8:30 p.m. withCouncil Member Maienschein and Council Member Frye not present. The meeting wasadjourned by Council President Peters at 8:48 p.m.

ATTENDANCE DURING THE MEETING: (1) Council Member Peters-present (2) Council Member Faulconer-present (3) Council Member Atkins-present (4) Council Member Young-present (5) Council Member Maienschein-present (6) Council Member Frye-present (7) Council Member Madaffer-present


(8) Council Member Hueso-present Clerk-Maland (dlc/mz) FILE LOCATION: MINUTES

ITEM-300: ROLL CALL Clerk Maland called the roll: (1) Council Member Peters-present (2) Council Member Faulconer-present (3) Council Member Atkins-present (4) Council Member Young-present (5) Council Member Maienschein-present (6) Council Member Frye-present (7) Council Member Madaffer-present (8) Council Member Hueso-present

NON-AGENDA COMMENT: PUBLIC COMMENT-1: Don Stillwell commented on prayer and the flag salute. FILE LOCATION: AGENDA COUNCIL ACTION: (Time duration: 10:38 a.m. – 10:40 a.m.)

http://granicus.sandiego.gov/MediaPlayer.php?clip_id=2610&meta_id=54536&view_id=3


PUBLIC COMMENT-2: Steve Bruce commented on suffering children. FILE LOCATION: AGENDA COUNCIL ACTION: (Time duration: 10:40 a.m. - 10:42 a.m.)

PUBLIC COMMENT-3: Sunshine Horton thanked Council Members for a job well done. FILE LOCATION: AGENDA COUNCIL ACTION: (Time duration: 10:42 a.m. - 10:44 a.m.)

PUBLIC COMMENT-4: Jarivs Ross commented on his concerns. FILE LOCATION: AGENDA COUNCIL ACTION: (Time duration: 10:44 a.m. - 10:47 a.m.)

PUBLIC COMMENT-5: Hassie-Pip Negus Negrave commented on a victim of conspiracy. FILE LOCATION: AGENDA COUNCIL ACTION: (Time duration: 10:47 a.m. - 10:50 a.m.)


PUBLIC COMMENT-6: Brina-Rae Schuchman commented on water. FILE LOCATION: AGENDA COUNCIL ACTION: (Time duration: 10:50 a.m. - 10:53 a.m.)

PUBLIC COMMENT-7: Phil Hart commented on Council appointments. FILE LOCATION: AGENDA COUNCIL ACTION: (Time duration: 10:53 a.m. - 10:56 a.m.)

PUBLIC COMMENT-8: James Justus commented on the homeless. FILE LOCATION: AGENDA COUNCIL ACTION: (Time duration: 10:58 a.m. - 11:01 a.m.)

PUBLIC COMMENT-9: Jose Lopez and Mercedez Shetter commented on Fox Canyon. FILE LOCATION: AGENDA COUNCIL ACTION: (Time duration: 11:01 a.m. - 11:03 a.m.)


PUBLIC COMMENT-10: Joy Sunyata commented on Centre City Development Corporation (CCDC). FILE LOCATION: AGENDA COUNCIL ACTION: (Time duration: 11:03 a.m. - 11:06 a.m.)

PUBLIC COMMENT-11: Elinor Rector commented on the Bible. FILE LOCATION: AGENDA COUNCIL ACTION: (Time duration: 11:06 a.m. - 11:09 a.m.)

PUBLIC COMMENT-12: Cricket Bradburn commented on her concerns. FILE LOCATION: AGENDA COUNCIL ACTION: (Time duration: 11:09 a.m. - 11:11 a.m.)

PUBLIC COMMENT-13: Izean Rim Jr. commented on public safety. FILE LOCATION: AGENDA COUNCIL ACTION: (Time duration: 11:11 a.m. - 11:13 a.m.)

http://www.sandiego.gov/city-clerk/boards-commissions/ccdc.shtml


PUBLIC COMMENT-14: J. Nathaniel Howard commented on the Ballpark zone. FILE LOCATION: AGENDA COUNCIL ACTION: (Time duration: 11:13 a.m. - 11:16 a.m.)

PUBLIC COMMENT-15: David Ross commented on the disp laced veterans in San Diego. FILE LOCATION: AGENDA COUNCIL ACTION: (Time duration: 11:16 a.m. - 11:19 a.m.)

COUNCIL COMMENT: COUNCIL COMMENT-1: Council President Peters welcomed delegation from Al Ain Municipality in the United Arab Emireates.

INDEPENDENT BUDGET ANALYST COMMENT: None.

CITY ATTORNEY COMMENT: None.


ITEM-30: Approval of Council Minutes. TODAY’S ACTION IS: APPROVED

Approval of Council Minutes for the meetings of:

09/15/200809/16/200809/22/200809/23/200809/29/2008 - Adjourned09/30/2008 – Adjourned10/06/200810/07/2008

FILE LOCATION: MINUTES COUNCIL ACTION: (Time duration: 10:03 a.m. – 10:04 a.m.)

MOTION BY ATKINS TO APPROVE. Second by Peters. Passed by the followingvote: Peters-yea, Faulconer-yea, Atkins-yea, Young-yea, Maienschein-yea, Frye-yea,Madaffer-yea, Hueso-yea.

ITEM-31: Gloria Tran Day.

COUNCILMEMBER MAIENSCHEIN’S RECOMMENDATION:

Adopt the following resolution:

(R-2009-369) ADOPTED AS RESOLUTION R-304366

Proclaiming November 18, 2008, as “Gloria Tran Day” in the City of San Diegoin recognition of the many community services she has provided to the citizens ofSan Diego.




FILE LOCATION: AGENDA COUNCIL ACTION: (Time duration: 10:04 a.m. – 10:09 a.m.)

MOTION BY MAIENSCHEIN TO ADOPT. Second by Peters. Passed by the followingvote: Peters-yea, Faulconer-yea, Atkins-yea, Young-yea, Maienschein-yea, Frye-yea,Madaffer-yea, Hueso-yea.

ITEM-32: Gene and Wanda Elmore Day.

COUNCIL PRESIDENT PRO TEM MADAFFER’S RECOMMENDATION:



Declaring that the Council of the City of San Diego, for and on behalf of thepeople of San Diego, is honored to proclaim November 18, 2008, to be “Gene andWanda Elmore Day” in the City of San Diego.


MOTION BY MADAFFER TO ADOPT. Second by Frye. Passed by the followingvote: Peters-yea, Faulconer-yea, Atkins-yea, Young-yea, Maienschein-yea, Frye-yea,Madaffer-yea, Hueso-yea.



* ITEM-50: Amending the San Diego Municipal Code relating to the Living Wage Ordinanceand Contractor Standards. (See Independent Budget Analyst Report No. 08-110; Reports from City Attorneydated 10/16/2008, 10/16/2008, and 7/8/2008; 7/3/2008 PowerPoint and 7/3/2008Summary of Living Wage Ordinance.)

CITY COUNCIL’S RECOMMENDATION: Adopt the following ordinances, which were introduced as amended on October 20,2008, Item 150. (Council voted 8-0):

Subitem-A: (O-2009-49 Rev.) ADOPTED AS ORDINANCE O-19808

(New Series)

Amending Chapter 2, Article 2, Division 32 of the City of San DiegoMunicipal Code by amending Sect ion 22.3224 relating to ContractorStandards. These amendments are designed to enhance the effectiveness ofthe City’s various ordinances related to contracting by establishingprocedures for public determinations of non-responsibility and othermechanisms for ensuring contractor compliance with all local, state andfederal laws.

Subitem-B: (O-2009-50a Rev.) ADOPTED AS ORDINANCE O-19809

(New Series)

Amending Chapter 2, Article 2, Division 42 of the San Diego MunicipalCode by amending Sections 22.4205, 22.4215, 22.4225, 22.4230, and22.4235, all relating to the Living Wage Ordinance. The City’s LivingWage Ordinance has been in force since 2005, and the Council has studiedits implementation. The Budget and Finance Committee has held multiplehearings on Living Wage Ordinance implementation issues, and hasforwarded proposed revisions for consideration of the full Council. Theseamendments are designed to enhance enforcement and clarify provisionsof the Living Wage Ordinance, in order to advance the purposes it wasintended to serve. This Ordinance would generally remove all serviceworkers in professional fields from the professional services exemption.


BUDGET AND FINANCE COMMITTEE’S RECOMMENDATION: On 7/9/2008, Budget voted 4 to 0 to forward the City Attorney’s Report with recommendationsA, B, and C to the full City Council for further discussion. Also, direct the City Attorney’sOffice to begin analysis on Redevelopment Agency impacts and report back to the Budget andFinance Committee at a later date. In addition, request the City Attorney’s Office to provide a full analysis and draft an Ordinancethat incorporates Center on Policy Initiative’s proposal regarding enforcement of the Living Wage Ordinance and Contractor’s Standards as part of the San Diego Municipal Code and tospecifically include:

1. A comprehensive analysis of economic impact;2. The role of the Internal Auditor;3. Input from stakeholders and contractors that currently do business with the City;4. An analysis and impact of including the Civic Theatre;5. An analysis and impact of including Emergency Medical Services; and6. An analysis from the Independent Budget Analyst and Mayor’s Office.

(Councilmembers Faulconer, Atkins, Frye, and Madaffer voted yea. Councilmember Hueso notpresent.)

FILE LOCATION: MEET

COUNCIL ACTION: (Time duration: 10:14 a.m. – 10:16 a.m.)

CONSENT MOTION BY MADAFFER TO DISPENSE WITH THE READING ANDADOPT THE ORDINANCES. Second by Hueso. Passed by the following vote: Peters-yea, Faulconer-yea, Atkins-yea, Young-not present, Maienschein-yea, Frye-yea,Madaffer-yea, Hueso-yea.


* ITEM-51: Extension of Cooperative Agreement with CalTrans for Improvements to StateRoute 163/Clairemont Mesa Boulevard Interchange. (Kearny Mesa CommunityArea. District 6.)

STAFF’S RECOMMENDATION: Introduce the following ordinance:

(O-2009-57) INTRODUCED, TO BE ADOPTED ON TUESDAY, DECEMBER 2, 2008 Introduction of an Ordinance authorizing the Mayor to execute an Amendment tothe Cooperative Agreement with CalTrans for the design of improvements to theState Route I-163/Clairemont Mesa Boulevard Interchange, extending thetermination of the Agreement by three years to December 31, 2011, under theterms and conditions set forth in the Agreement; Declaring that this activity is covered under the EIR for the New Century Center,LDR No. 96-0165, SCH No. 96031091. This activity is adequately addressed inthe environmental document and there is no change in circumstance, additionalinformation, or project changes to warrant additional environmental review.Because the prior environmental document adequately covered this activity aspart of the previously approved project, this activity is not a separate project forpurposes of California Environmental Quality Act (CEQA) per State CEQAGuidelines Section 15060(c)(3).

NOTE: 6 votes required pursuant to Section 99 of the City Charter.

STAFF SUPPORTING INFORMATION: On June 27, 2005, the City and CalTrans entered into an Agreement with CalTrans forimprovements to the State Route 163/Clairemont Mesa Boulevard Interchange. Theseimprovements included widening the overpass and reconstructing the ramps on the east side ofthe interchange. The termination date for this Agreement is December 31, 2008.


It has been determined that the plant establishment period for the project’s landscaping will notbe completed prior to the termination date on the Agreement. CalTrans is requesting that thetermination date for the Agreement be extended to December 31, 2011, a 3-year extension.Because this extension will extend the Agreement beyond five years duration, Council approvalvia ordinance is required. FISCAL CONSIDERATIONS:None with this action. PREVIOUS COUNCIL AND/OR COMMITTEE ACTION:Council approved the Cooperative Agreement to fund the interchange improvements on June 27,2005. COMMUNITY PARTICIPATION AND PUBLIC OUTREACH EFFORTS: N/A KEY STAKEHOLDERS AND PROJECTED IMPACTS:CalTrans is the key stakeholder in this action. Boekamp/Jarrell Staff: Deborah Van Wanseele - (619) 533-3012 Michael P. Calabrese – Chief Deputy City Attorney

FILE LOCATION: NONE COUNCIL ACTION: (Time duration: 10:14 a.m. – 10:16 a.m.)

CONSENT MOTION BY MADAFFER TO INTRODUCE THE ORDINANCE. Second by Hueso. Passed by the following vote: Peters-yea, Faulconer-yea, Atkins-yea,Young-not present, Maienschein-yea, Frye-yea, Madaffer-yea, Hueso-yea.


ITEM-52: Centre City Development Corporation Performance Audit. (See Centre City Development Corporation Report No. CCDC-08-30.)

CITY AUDITOR’S RECOMMENDATION: Introduce the following ordinance:

(O-2009-62) INTRODUCED WITH DIRECTION, TO BE ADOPTED ON TUESDAY, DECEMBER 2, 2008

Introduction of an Ordinance authorizing the Mayor to enter into an agreementwith Sjoberg Evashenk Consulting, Inc., in an amount not to exceed $344,000 toconduct a performance audit of CCDC under the terms of the Sjoberg Evashenkproposal received by the City on September 3, 2008 and on file with the CityClerk’s Office;

Authorizing the Redevelopment Agency to receive up to $344,000 from CCDCfor the purpose of funding the above-referenced agreement;

Authorizing the City Comptroller to appropriate and expend up to $344,000, inFund 102691, RDA City Contracts, for the purpose of funding the above-reference agreement.

SUPPORTING INFORMATION: On July 25, 2008, Mayor Jerry Sanders and Councilmember Kevin Faulconer called forperformance audits of City agencies, including the Centre City Development Corporation(CCDC). On July 31, 2008, the Audit Committee directed the City Auditor to prepare a Requestfor Proposal (RFP) to hire a firm to conduct a Performance Audit of CCDC. On August 5, 2008,




the Office of the City Auditor prepared the RFP, and the Purchasing and Contracting Departmentreviewed and issued the RFP on August 14, 2008. On September 26, 2008, the TechnicalEvaluation Committee finalized their review of the proposals received, and selected SjobergEvashenk Consulting, Inc., to conduct the CCDC performance audit at an amount not to exceed$344,000. Sjoberg Evashenk Consulting, Inc., is a firm that was organized in January 2000 by the formerCalifornia State Auditor and Chief Deputy State Auditor, and is a national full service consultingcompany with a team of highly experienced and credentialed staff. In their nine years ofoperations, they have conducted more than 100 engagements covering a broad array of topicsand levels of government. The Performance Audit will cover a three-year period from July 1, 2005 through June 30, 2008,to evaluate the efficiency and effectiveness of the organization and to determine if theorganization’s goals are being achieved. In addition, the Performance Audit will review andevaluate the development process; budgetary practices and procedures; procurement practices;review of accounting for the reporting of compensation; Corporation expenditures for FiscalYear 2008 including equipment and capital assets; review of information provided to theCorporation Board members; internal controls; and potential conflict of interest regardingexpenses paid by the Corporation. It is anticipated that the audit will take approximately fourmonths to complete subsequent to a fully executed contract. Two months thereafter, writtenreports and PowerPoint presentations will be provided including any findings, conclusions andrecommendations of the audit. FISCAL CONSIDERATIONS: The total cost of this audit is not to exceed $344,000. PREVIOUS COUNCIL AND/OR COMMITTEE ACTION:On July 31, 2008, the Audit Committee directed the City Auditor to prepare a RFP to hire a firmto conduct a performance audit of CCDC. On September 24, 2008, the CCDC Board approved arecommendation for the Redevelopment Agency to approve an amendment to the Fiscal Year2009 Corporate Budget increasing the line item for Other Consultants by $600,000 for thePerformance Audit. On October 7, 2008, the Redevelopment Agency approved the CorporateBudget Amendment for the Audit. COMMUNITY PARTICIPATION AND PUBLIC OUTREACH EFFORTS: None. KEY STAKEHOLDERS AND PROJECTED IMPACTS: N/A Luna/Goldstone



MOTION BY FRYE TO INTRODUC E THE ORDINANCE WITH THEUNDERSTANDING THAT THE BUDGET ANALYST WILL BE INVOLVEDSecond by Hueso. Passed by the following vote: Peters-yea, Faulconer-yea, Atkins-yea,Young-yea, Maienschein-yea, Frye-yea, Madaffer-yea, Hueso-yea.

* ITEM-53: Extension of Cooperative Agreement with CalTrans for Improvements toI-805/La Jolla Village Interchange. (University Community Area. District 1.)


(O-2009-56) INTRODUCED, TO BE ADOPTED ON TUESDAY, DECEMBER 2, 2008 Introduction of an Ordinance authorizing the Mayor to execute an Amendment tothe Cooperative Agreement with CalTrans for the design of improvements to theI-805/La Jolla Village Drive Interchange, extending the termination of theAgreement by three years to December 31, 2011, under the terms and conditionsset forth in the Agreement; Declaring that the City Council has reviewed and considered an EIR/EIS, DEPFile No. 91-0397, dated May 6, 1998 and adopted by Resolution No. R-290810on October 5, 1998, covering this activity. This activity is adequately addressed inthe environmental documents and there is no change in circumstance, additionalinformation, or project changes to warrant additional environmental review.Because the prior environmental document adequately covered this activity aspart of the previously approved project, this activity is not a separate project forpurposes of California Environmental Quality Act (CEQA) per State CEQAGuidelines Section 15060(c)(3).



STAFF SUPPORTING INFORMATION: On October 22, 2001, the City and CalTrans entered into an Agreement with CalTrans forimprovements to the Interstate 805/La Jolla Village Drive/Miramar Road Interchange. Theseimprovements included widening the overpass and reconstructing the ramps on the east side ofthe interchange. The termination date for this Agreement is December 31, 2008. Because of design changes, the project is now scheduled to begin construction in 2009. CalTransis requesting that the termination date for the Agreement be extended to reflect this schedulechange. The termination date for the Agreement would be extended to December 31, 2011, a3-year extension. Because this extension will extend the Agreement beyond five years’ duration, Council approvalvia ordinance is required. FISCAL CONSIDERATIONS: None with this action. PREVIOUS COUNCIL AND/OR COMMITTEE ACTION:Council approved the Cooperative Agreement to fund the improvements on October 22, 2001. COMMUNITY PARTICIPATION AND PUBLIC OUTREACH EFFORTS: N/A KEY STAKEHOLDERS AND PROJECTED IMPACTS:CalTrans is the key stakeholder in this action. Boekamp/Jarrell Staff: Deborah Van Wanseele - (619) 533-3012 Michael P. Calabrese – Chief Deputy City Attorney




* ITEM-54: Second Amendment to the Consultant Agreement with Kimley-Horn, Inc., forGenesee Avenue/Interstate-5 Overcrossing Project. (University City CommunityArea. District 1.)


(O-2009-63) INTRODUCED, TO BE ADOPTED ON TUESDAY, DECEMBER 2, 2008 Introduction of an Ordinance authorizing the Mayor to execute, for and on behalfof the City, an Agreement (Amendment #2) with Kimley-Horn, Inc., forpreliminary engineering services for the Genesee Avenue/Interstate-5Overcrossing Project, under the terms and conditions set forth in the Agreement,together with any reasonably necessary modifications or amendments theretowhich do not increase project scope or cost and which the Mayor shall deemnecessary from time to time in order to carry out the purposes and intent of thisProject and Agreement; Authorizing the expenditure of an amount not to exceed $1,590,900 from Fund79001, North University City FBA, CIP-52-372.0, Genesee Avenue/Interstate-5Overcrossing, for the purpose of providing funds for the above referenced Project; Authorizing the City Auditor and Comptroller, upon advice from theadministering department, to transfer excess funds, if any, to the appropriatereserves; Declaring that this activity is not a “project” and is therefore exempt from CEQApursuant to State CEQA Guidelines Section 15060(c)(3).


STAFF SUPPORTING INFORMATION:The existing Contract includes preliminary engineering services for the Genesee AvenueInterstate-5 Overcrossing Project, as originally described in the Project Study Report (PSR)completed in 2004. This includes the completion of the Project Report and EnvironmentalDocument in accordance with terms of the co-operative Agreement with CalTrans and the


Federal Highways Administration (FHWA). During the preparation of the environmentaldocument and project report, based on geotechnical investigational studies, additional preliminary engineering design work was required to address necessary remedial earthwork andany potential environmental impacts of that work. This amendment provides for the additional preliminary engineering design and environmentalservices required to include the work as part of the Project report and environmental document.Additional elements have been included in the scope at the request of CalTrans, including anadditional on-ramp lane from Sorrento Valley and an auxiliary lane on the freeway to Genesee toalleviate congestion. Because this action extends the Agreement beyond the five-year duration,Council approval by Ordinance is required. FISCAL CONSIDERATIONS:Funding for this action $1,590,900 is currently available within the existing CIP budget. $24.3million has been programmed from the North University City Facilities Benefit Assessment fundto the CIP and grant funds in the amount of $2.5 million have been programmed by the State. PREVIOUS COUNCIL ACTIONS: The original contract with Kimley-Horn was executed in February 2004, (RR-298854-1).Amendment #1 was executed by Council in January 2007, (RR-302321) for additionalpreliminary engineering studies requested by CalTrans. COMMUNITY PARTICIPATION AND PUBLIC OUTREACH EFFORTS:Outreach was conducted as part of the Project Study Report in 2004. Monthly project designteam meetings have been held including UCSD and Scripps Hospital, CalTrans and SANDAGrepresentatives. Milestone updates have been provided with the North University City PlanningGroup. KEY STAKEHOLDERS: University of California, San Diego; Scripps Hospital La Jolla; North University Planning Group EQUAL OPPORTUNITY CONTRACTING:Funding Agency: City of San Diego - NUC FBAGoals: 15% Voluntary (MBE/WBE/DBE/DVBE/OBE)Subconsultant Participation: $379,747 Certified Firms (6.67%)

$575,173 Other Firms (10.1%)Other: Workforce Report Submitted - Equal Opportunity Plan required. Staff will monitor plan and adherence to Nondiscrimination Ordinance. Boekamp/Jarrell


Aud. Cert. 2900204. Staff: Frank Gaines - (619) 533-4607 Ryan Kohut - Deputy City Attorney

FILE LOCATION: MEET COUNCIL ACTION: (Time duration: 10:14 a.m. – 10:16 a.m.)


* ITEM-55: Extension of Cooperative Agreement with CalTrans for Improvements toI-5/Sorrento Valley Road Interchange. (Torrey Pines Community Area. District 1.)


(O-2009-58) INTRODUCED, TO BE ADOPTED ON TUESDAY, DECEMBER 2, 2008 Introduction of an Ordinance authorizing the Mayor to execute an Amendment toa Cooperative Agreement with CalTrans for the preparation of an EnvironmentalDocument and Project Report, and for preliminary engineering of improvementsto the I-5/Sorrento Valley Road Interchange, extending the termination of theAgreement by three years to December 31, 2011, under the terms and conditionsset forth in the Agreement; Declaring that this activity is not a “project” and is therefore exempt fromCalifornia Environmental Quality Ac t (CEQA) pursuant to CEQA StateGuidelines Section 15060(c)(3).



STAFF SUPPORTING INFORMATION: On January 19, 2007, the City and CalTrans entered into an Agreement with CalTrans forimprovements to the Interstate 5/Sorrento Valley Road Interchange. This agreement allocated$1.5 million to the City for the preparation of an Environmental Document and a Project Report,and for preliminary engineering on the project. The termination date for this Agreement isDecember 31, 2008. The project has been rescoped and will require a joint NEPA/CEQA environmental document. Ithas been determined that because of the rescoping, the environmental document will not becompleted prior to the termination date on the Agreement. CalTrans is requesting that thetermination date for the Agreement be extended to December 31, 2011, a 3-year extension. FISCAL CONSIDERATIONS: None with this action. PREVIOUS COUNCIL AND/OR COMMITTEE ACTION:Council approved the Cooperative Agreement to fund the preparation of the EnvironmentalDocument and the Project Report, and to perform preliminary engineering on January 19, 2007. COMMUNITY PARTICIPATION AND PUBLIC OUTREACH EFFORTS: N/A KEY STAKEHOLDERS AND PROJECTED IMPACTS:CalTrans is the key stakeholder in this action. Boekamp/Jarrell Staff: Deborah Van Wanseele - (619) 533-3012 Michael P. Calabrese – Chief Deputy City Attorney




* ITEM-56: Amended Cooperative Agreement with CalTrans for Genesee Avenue/Interstate 5Overcrossing. (University Community Area. District 1.)


(O-2009-66) INTRODUCED, TO BE ADOPTED ON TUESDAY, DECEMBER 2, 2008 Introduction of an Ordinance authorizing the Mayor, or his representative, toexecute for and on behalf of the City, an Amended Cooperative Agreement withCaltrans for the preparation of an environmental document for the GeneseeAvenue/Interstate 5 Overcrossing (CIP-52-372.0), under the terms and conditionsset forth in the Agreement, together with any reasonably necessary modificationsor amendments thereto which do not increase project scope or cost and which theMayor shall deem necessary from time to time in order to carry out the purposesand intent of this project and agreement;

Declaring that this activity is not a “project” and is therefore exempt fromCalifornia Environmental Quality Ac t (CEQA) pursuant to State CEQAGuidelines, Section 15060(c)(3).


STAFF SUPPORTING INFORMATION: On February 9, 2004, Council authorized the City to enter into a Cooperative Agreement withCalTrans for improvements to the Genesee Avenue/Interstate 5 interchange. In that agreement,the City agreed to provide preliminary engineering and the preparation of an environmentaldocument for the project. It has subsequently been determined that because this project is on the interstate highway system,CalTrans is required to be the Lead Agency and for the City to be the Responsible Agency forthe environmental document. An amended Cooperative Agreement to memorialize this change inresponsibilities is required. Because the agreement will extend beyond the five-year limit, anordinance is required. FISCAL CONSIDERATIONS:There is no change to the costs associated with the preparation of the environmental document.


PREVIOUS COUNCIL ACTIONS: The original Cooperative Agreement with CalTrans was approved by Council on February 9,2004. COMMUNITY PARTICIPATION AND PUBLIC OUTREACH EFFORTS:Outreach was conducted as part of the Project Study Report in 2004. Monthly project designteam meetings have been held including UCSD and Scripps Hospital, CalTrans and SANDAGrepresentatives. Milestone updates have been provided with the North University City PlanningGroup. STAKEHOLDERS: University of California, San Diego; Scripps Hospital La Jolla. Boekamp/Jarrell Staff: Frank Gaines - (619) 533-4607 Ryan Kohut – Deputy City Attorney



* ITEM-100: Inviting Bids for the 60 th Street Accelerated Sewer Project. (College CommunityArea. District 7.) (See Engineering and Capital Projects Department’s 10/15/2008, ExecutiveSummary Sheet.)

TODAY’S ACTION IS:




Approving the plans and specifications for the construction of the 60 th StreetAccelerated Sewer (Project) as advertised by the Purchasing and ContractingDepartment, on Work Order No. 178401; Authorizing the Mayor, or his designee, after advertising for bids in accordancewith law, to execute a construction contract with the lowest responsible andreliable bidder, provided that the City Comptroller first furnishes one or morecertificates certifying that the funds necessary for expenditure are, or will be, ondeposit with the City Treasurer; Authorizing the City Comptroller to transfer an amount not to exceed $850,000from Sewer Fund 41506, CIP-44-001.0, Annual Allocation - Sewer MainReplacements to Sewer Fund 41506, CIP-46-206.0, Annual Allocation-Accelerated Projects; Authorizing the expenditure of an amount not to exceed $1,986,735.24 fromSewer Fund 41506, CIP-46-206.0, Annual Allocation-Accelerated Projects, solelyfor the purpose of construction, contingency and related project costs of theProject, provided that the City Comptroller first furnishes one or more certificatescertifying that the funds are, or will be, on deposit with the City Treasurer; Authorizing the expenditure of $328,880.29 in property related cost from SewerFund 41506, CIP-46-206.0, Annual Allocation-Accelerated Projects;

Stating for the record that the information contained in the Mitigated NegativeDeclaration No. 6883, including any comments received during the public reviewprocess, has been previously reviewed and considered by this Council and it isdetermined that no substantial changes or new information of substantialimportance within the meaning of CEQA Guidelines Section 15162 wouldwarrant any additional environmental review in connection with approval of theProject; Authorizing the City Comptroller, upon advice from the administeringdepartment, to transfer excess budgeted funds, if any, to the appropriate reserves; Directing the City Clerk to file a Noti ce of Determination (NOD) with the Clerkof the Board of Supervisors for the County of San Diego regarding the aboveProject. (BID-K094318)


NATURAL RESOURCES AND CULTURE COMMITTEE’S RECOMMENDATION: On 10/15/2008, NR&C voted 4 to 0 to approve. (Councilmembers Peters, Faulconer, Atkins,and Frye voted yea.)

SUPPORTING INFORMATION: The 60th Street Accelerated Sewer Project is located at the bottom of a stream bed in 60th StreetCanyon. It is part of the City of San Diego’s ongoing program to rehabilitate, upgrade and/orrelocate sewers that are in canyons. Due to severe erosion the pipe has been exposed andemergency repairs were completed by City crews. The redirection of flow study and cost benefitanalysis completed for this projec t concluded that it is not feasible to move the pipe out of thecanyon. Construction on this project will consist of installing approximately 1,400 linear feet ofnew 8-inch sewer main, which will solve the erosion problem by relocating the pipe out of thestream bed and placing it in a new alignment higher up the slope that will also enhancemaintenance of the pipe by building an 8-foot access path. EQUAL OPPORTUNITY CONTRACTING:Funding Agency: City of San Diego - Prevailing wages does not apply to this contract.Goals: 10% Mandatory Subcontractor Participation Goal, 3% Advisory

Participation Goal Disadvantaged Business Enterprise (DBE), 1%Advisory Participation Goal Disabled Veteran Business Enterprise(DVBE), 6% Advisory Participation Goal Other Business Enterprise(OBE).

Other: Prior to award, a workforce report, and if necessary, an Equal Opportunity Plan shall

be submitted. Staff will monitor the Plan and adherence to the NondiscriminationOrdinance. EOC staff will evaluate the bidder’s compliance with SCOPe. Failure tocomply with SCOPe will lead to the bid being declared non-responsive. This contractwill be advertised for bids in the San Diego Daily Transcript, the City of San Diego’swebsite, and the E-Bid Board. In addition, once implemented, the Bidder RegistrationProgram will notify registered participants of bid opportunities. Prior toimplementation of the Bidder Registration Program, the City will notify tradeassociations and eligible firms via fax and/or e-mail.

FISCAL CONSIDERATIONS:The total estimated cost of this project is $1,986,735.24. $1,986,735.24 will be available inCIP-46-206.0, Annual Allocation - Accelerated Projects, Fund 41506, Sewer, of which $850,000will be transferred from CIP-44-001.0, Annual Allocation- Sewer Main Replacements, Fund


41506, Sewer for this purpose. The project cost may be reimbursed approximately 80% bycurrent and future debt financing. No future funding is anticipated for this project. PREVIOUS COUNCIL AND/OR COMMITTEE ACTIONS:The Committee on Natural Resources and Culture on October 15, 2008, consent motion byCouncil President Peters, second by Councilmember Faulconer. Vote to approve 4-0. COMMUNITY PARTICIPATION AND PUBLIC OUTREACH EFFORTS:On 10/2/2003, the project was presented to the College Community Planning subcommittee whovoted in favor of the project on 10/9/2003. A letter to update the community on the status of theProject was sent on 7/30/2008. In addition, residents and businesses will be notified at least one(1) month before construction begins by the City’s Engineering and Capital Projects Departmentand again, ten (10) days before construction begins by the Contractor through hand distributionof notices. KEY STAKEHOLDERS AND PROJECTED IMPACTS (if applicable):Residents in this area will encounter minor inconvenience during construction. After completion,residents will experience improved reliability of the sewer system. Boekamp/Jarrell Aud. Cert. 2900284.

FILE LOCATION: WO 178401 COUNCIL ACTION: (Time duration: 10:14 a.m. – 10:16 a.m.)

CONSENT MOTION BY MADAFFER TO ADOPT. Second by Hueso. Passed by thefollowing vote: Peters-yea, Faulconer-yea, Atkins-yea, Young-not present, Maienschein-yea, Frye-yea, Madaffer-yea, Hueso-yea.

* ITEM-101: Two actions related to Inviting Bids for Sewer Group 703 Project. (Kensington-Talmadge and City Heights Community Areas. Districts 3 and 4.) (See Engineering and Capital Projects Department’s 10/8/2008, ExecutiveSummary Sheet.)


TODAY’S ACTIONS ARE: Adopt the following resolutions: Subitem-A: (R-2009-467) ADOPTED AS RESOLUTION R-304369

Approving the plans and specifications for the construction of Sewer Group 703(Project), as advertised by the Purchasing and Contracting Department, on WorkOrder No. 175391; Authorizing the Mayor, or his designee, after advertising for bids in accordancewith law, to execute a construction contract with the lowest responsible andreliable bidder, provided that the City Comptroller first furnishes one or morecertificates certifying that the funds necessary for expenditure are, or will be, ondeposit with the City Treasurer; Authorizing the expenditure of an amount not to exceed $4,434,422.50 fromSewer Fund 41506, CIP-44-001.0, Annual Allocation - Sewer MainReplacements, solely for construction, contingency and Project related costs,provided that the City Comptroller first furnishes one or more certificatescertifying that the funds are, or will be, on deposit with the City Treasurer; Authorizing the City Comptroller, upon advice from the administeringdepartment, to transfer excess budgeted funds, if any, to the appropriate reserves.(BID-K098491C)

Subitem-B: (R-2009-469) ADOPTED AS RESOLUTION R-304370

Declaring that the Revised Mitigated Negative Declaration, Project No. 3740(LDR No. 42-0341), dated June 18, 2008, for Sewer Group 703 (the Project) onfile in the Office of the City Clerk, has been completed in compliance with theCalifornia Environmental Quality Act of 1970 (California Public Resources CodeSection 21000 et seq.), as amended, and the State Guidelines thereto (CaliforniaCode of Regulations Section 15000 et seq.); Declaring that the Revised Mitigated Negative Declaration reflects theindependent judgment of the City of San Diego as Lead Agency and that theinformation contained in the report, together with any comments received duringthe public review process, has been reviewed and considered by this Council inconnection with the approval of the Project;


Finding that revisions to the Project now mitigate potentially significant effects onthe environment previously identified in the Initial Study and therefore approvingProject 3740 (LDR No. 42-0341), Revised Mitigated Negative Declaration; Adopting the Mitigation Monitoring and Reporting Program, or alterations toimplement the changes to the Project as required by this body in order to mitigateor avoid significant effects on the envi ronment, pursuant to California PublicResources Code section 21081.6; Directing the City Clerk to file a Noti ce of Determination (NOD) with the Clerkof the Board of Supervisors for the County of San Diego regarding the Project.


SUPPORTING INFORMATION: Sewer Group 703 is part of the City of San Diego’s Sewer Main Replacement Program asmandated by the Environmental Protection Agency (EPA). It includes the replacement ofapproximately 9,652 linear feet of 6-inch, 8-inch, and 10-inch sewer mains with 8-inch and 10-inch mains and the associated manholes. The designed slope and adjusted alignment of the newsystem will provide more sufficient flow and access for regular maintenance. Generally, theproject impacts residential streets except in the vicinity of the intersection of El Cajon Boulevardand 52nd Street which consists of privately owned businesses at the four (4) corners. Theexisting mains were installed in 1925 and they are no longer meeting capacity. The replacementof these sewer mains will provide the community with a safe and reliable wastewater collectionsystem that complies with the EPA. EQUAL OPPORTUNITY CONTRACTING:The City of San Diego as Lead Agency under CEQA has prepared and completed a RevisedMND, LDR #42-0341, dated June 13, 2008, and Mitigation, Monitoring, and Reporting Programcovering this activity. Funding Agency: City of San Diego-Prevailing wages do not apply to this contract.Goals: 11% Mandatory subcontractor Partic ipation Goal, 4% Advisory Participation

Goal Disadvantaged Business Enterprise (DBE), 1%Advisory Participation GoalDisabled Veteran Business Enterprise (DVBE), 6% Advisory Participation GoalOther Business Enterprise (OBE).


Other: Prior to award, a work force report, and if necessary, an Equal Opportunity Planshall be submitted. Staff will monitor the plan and adherence to theNon-discrimination Ordinance. EOC staff will evaluate the bidder’s compliancewith SCOPe. Failure to comply with SCOPe will lead to the bid being declarednon-responsive. This contract will be advertised for bid in the San Diego DailyTranscript, the City of San Diego’s website and the E-Bid Board. In addition,once implemented, the Bidder Registration Program will notify registeredparticipants of bid opportunities. Prio r to the implementation of the BidderRegistration Program, the City will notify trade associations and eligible firms viafax and/or e-mail.

FISCAL CONSIDERATIONS:The total estimated cost of this project is $4,434,422.50. Enterprise funding of $4,434,422.50will be available in CIP-44-001.0, Annual Allocation - Sewer Main Replacements, Fund 41506,Sewer, for this purpose. The total sewer project costs of $4,434,422.50 may be reimbursedapproximately 80% by current or future debt financing. The project is scheduled to use FY10funding. No further funding is anticipated. The Auditor’s Certificate will be provided prior tocontract award. PREVIOUS COUNCIL AND/OR COMMITTEE ACTIONS:The Committee on Natural Resources and Culture on October 15, 2008, consent motion byCouncil President Peters, second by Councilmember Faulconer. Vote to approve 4-0. COMMUNITY PARTICIPATION AND PUBLIC OUTREACH EFFORTS:During design, this project was presented to the community. Residents and businesses will benotified by mail at least one (1) month before construction begins by the City’s Engineering andCapital Projects Department and again ten (10) days before construction begins by the contractorthrough hand distribution of the notices. Traffic control plans have been prepared for this projectand will be implemented during the construction operations. KEY STAKEHOLDERS AND PROJECTED IMPACTS (if applicable):Residents and businesses will experience minor impacts during construction. After completion,residents and businesses will experience improved reliability of the sewer collection systems. Boekamp/Jarrell

FILE LOCATION: CONT-Burtech Pipeline, Inc.



CONSENT MOTION BY MADAFFER TO ADOPT. Second by Hueso. Passed by the following vote: Peters-yea, Faulconer-yea, Atkins-yea, Young-not present, Maienschein- yea, Frye-yea, Madaffer-yea, Hueso-yea.

* ITEM-102: Inviting Bids for Sewer and Water Group 731. (Peninsula Community Area. District 2.) (See Engineering and Capital Projects Department’s 10/8/2008, ExecutiveSummary Sheet.)



(R-2009-506) ADOPTED AS RESOLUTION R-304371 Approving the plans and specifications for the construction of the Sewer andWater Group 731 (Project) as advertised by the Purchasing and ContractingDepartment, on Work Order Nos. 176541/186591; Authorizing the Mayor, or his designee, after advertising for bids in accordancewith law, to establish contract funding phases and execute a construction contractwith the lowest responsible and reliable bidder, provided that the CityComptroller first furnishes one or more certificates certifying that the fundsnecessary for expenditure, under established contract funding phases are, or willbe, on deposit with the City Treasurer; Authorizing the expenditure of an amount not to exceed $2,653,891.82 fromSewer Fund 41506, CIP-44-001.0, Annual Allocation-Sewer Main Replacementssolely for the purpose of construction, contingency and related costs of theProject, provided that the City Comptroller first furnishes one or more certificatescertifying that the funds necessary for expenditure, under established contractfunding phases are, or will be, on deposit with the City Treasurer; Authorizing the expenditure of an amount not to exceed $1,861,152.58 fromWater Fund 41500, CIP-73-083.0, Annual Allocation-Water Main Replacementssolely for the purpose of construction, contingency and related costs of theProject, provided that the City Comptroller first furnishes one or more certificates


certifying that the funds necessary for expenditures, under established contractfunding phases are, or will be, on deposit with the City Treasurer; Authorizing the use of City Forces from Water Fund 41500, CIP-73-083.0 AnnualAllocation-Water Main Replacements in an amount not to exceed $167,271 forconstruction of the Project;

Authorizing the use of City Forces from Sewer Fund 41506, CIP-44-001.0Annual Allocation-Sewer Main Replacements in an amount not to exceed$50,000 for construction of the Project; Authorizing the City Comptroller, upon advice from the administeringdepartment, to transfer excess budgeted funds, if any, to the appropriate reserves; Finding that this activity is exempt from the California Environmental QualityAct (CEQA) pursuant to State CEQA Guidelines Section 15302(d) (replacementand reconstruction of an existing facility), and Section 15303(d) (newconstruction of small structures). (BID-K094251C)


SUPPORTING INFORMATION: Sewer and Water Group 731 is part of a program established by the City of San Diego and theCalifornia Department of Public Health mandating the replacement of all cast iron water mainscurrently in service. It is also part of the City of San Diego’s sewer main replacement program asmandated by the Environmental Protection Agency (EPA). This project is located in thePeninsula Community Plan area. This project includes the replacement of approximately 4,616linear feet of existing 8-inch sewer main, the trenches operation of 157 linear feet of 8-inchsewer main, the rehabilitation of 773 linear feet of 6-inch sewer main, and the replacement of4,535 linear feet of 8-inch water main, and all other work and appurtenances. It also includesinstalling curb ramps and street resurfacing. The streets affected by Sewer and Water Group 731are Whittier Street, Edith Lane, Voltaire Street, Udall Street, Willow Street, Westcliffe Place andthe surrounding alleys and streets as shown on the location map. The contractor will preparetraffic control shop drawings and implement them during construction after review and approvalby the City.


EQUAL OPPORTUNITY CONTRACTING PROGRAM (EOCP):Funding Agency: City of San Diego-Prevailing wages do not apply to this contract.Goals: 11% Mandatory Subcontractor Participation Goal, 4% Advisory

Participation Goal Disadvantaged Business Enterprise (DBE), 1%Advisory Participation Goal Disabled Veteran Business Enterprise(DVBE), 6% Advisory Participation Goal Other Business Enterprise(OBE).

Other: Prior to award, a workforce report, and if necessary, an Equal OpportunityPlan shall be submitted. Staff will monitor the Plan and adherence to theNondiscrimination Ordinance. EOC staff will evaluate the bidder’scompliance with SCOPe. Failure to comply with SCOPe will lead to thebid being declared non-responsive. This contract will be advertised forbids in the San Diego Daily Transcript , the City of San Diego’s website,and the E-Bid Board. In addition, once implemented, the BidderRegistration Program will notify registered participants of bidopportunities. Prior to implementation of the Bidder Registration Program,the City will notify trade associations and eligible firms via fax and/or e-mail.

FISCAL CONSIDERATIONS:The total estimated cost of this project is $4,515,044.40. Enterprise funding of $2,653,891.82will be available in CIP-44-001.0, Annual Allocation-Sewer Main Replacements, Fund 41506,Sewer, and enterprise funding of $1,861,152.58 will be available in CIP-73-083.0, AnnualAllocation-Water Main Replacements, Fund 41500, Water, for this purpose. The project costs forthe sewer portion of $2,653,891.82 and the water portion of $1,861,152.58 may be reimbursedapproximately 80% by current or future debt financing. This project is scheduled to be phase-funded over two fiscal years from FY09 to FY10. No future funding is anticipated. Contingentupon the availability of funds, the City Comptroller will issue an Auditor Certificate for eachphase of the Project. PREVIOUS COUNCIL AND/OR COMMITTEE ACTION:The Committee on Natural Resources and Culture on October 15, 2008, consent motion byCouncil President Peters, second by Councilmember Faulconer. Vote to approve 4-0. COMMUNITY PARTICIPATION AND PUBLIC OUTREACH EFFORTS:This Project was presented to the Peninsula Community Planning Board on January 15, 2004. OnJanuary 11, 2008, the City of San Diego sent out a letter to the Peninsula Community PlanningBoard Chair offering an additional presentation for an update on the status and schedule of theproject. Residents and businesses will be notified at least one (1) month before constructionbegins by the City’s Engineering and Capital Projects Department and again, ten (10) days


before construction begins by the contractor through hand distribution of notices. Traffic controlwill be implemented by the contractor during construction operations. KEY STAKEHOLDERS AND PROJECTED IMPACTS (if applicable):Residents in this area will encounter minor inconvenience during construction. After completion,residents will experience improved reliability of the sewer and water system. Boekamp/Jarrell

FILE LOCATION: CONT-S.C. Valley Engineering, Inc.



ITEM-103: Two actions related to Inviting Bids for Water Main Replacement Group 3008(Consists of Water Group 532 and Water Group 533 Project.) (Midway District,Downtown, Little Italy Community Areas. District 2.) (See Engineering and Capital Projects Department’s 10/8/2008, ExecutiveSummary Sheet.)

TODAY’S ACTIONS ARE:

Adopt the following resolutions:

Subitem-A: (R-2009-513) ADOPTED AS RESOLUTION R-304372

Approving the plans and specifications for the construction of the Water MainReplacement Group 3008 (Water Group 532 and 533) (Project) as advertised bythe Purchasing and Contracting Department, on Work OrderNos. 182911/182961;


Authorizing the Mayor, or his designee, after advertising for bids in accordancewith law, to establish contract funding phases and execute a construction contractwith the lowest responsible and reliable bidder, provided that the CityComptroller first furnishes one or more certificates certifying that the funds necessary for expenditure, under established contract funding phases are, or willbe, on deposit with the City Treasurer; Authorizing the expenditure of an amount not to exceed $10,052,097.02 fromWater, Fund 41500, CIP-73-083.0, Annual Allocation-Water Main Replacements,of which $5,763,294.37 is for the construction and project related costs of WaterGroup 532, and $4,288,802.65 is for the construction and project related costs ofWater Group 533, solely for the purpose of construction, contingency and relatedcosts of the Project, provided that the City Comptroller first furnishes one or morecertificates certifying that the funds necessary for expenditure, under establishedcontract funding phases are, or will be, on deposit with the City Treasurer; Authorizing the use of City Forces from Water Fund 41500, CIP-73-083.0 AnnualAllocation-Water Main Replacements in an amount not to exceed $370,766 forconstruction of Water Group 532, and $255,589 for the construction of WaterGroup 533;

Authorizing the expenditure of an amount not to exceed $20,000 from WaterFund 41500, CIP-73-083.0, Annual Allocation-Water Main Replacements forproperty related costs; Authorizing the City Comptroller, upon advice from the administeringdepartment, to transfer excess budgeted funds, if any, to the appropriate reserves. (BID-K094305C)


Declaring that the Addendum to a Mitigated Negative Declaration, Project No.130739 (Addendum of MND Project No. 63654), dated September 5, 2007,(Addendum), for Water Main Replacement Group 3008 (the Project) on file in theOffice of the City Clerk, has been completed in compliance with the CaliforniaEnvironmental Quality Act of 1970 (California Public Resources Code Section21000 et seq.), as amended, and the State Guidelines thereto (California Code ofRegulations Section 15000 et seq.);


Declaring, that the Addendum reflects the independent judgment of the City ofSan Diego as Lead Agency and that the information contained in the report,together with any comments received during the public review process, has beenreviewed and considered by this Council in connection with the approval of theProject; Declaring that the Council finds that revisions to the Project now mitigatepotentially significant effects on the environment previously identified in theInitial Study and therefore, that said Project 130739, Addendum, a copy of whichis on file in the Office of the City Clerk and incorporated herein by this reference,is approved; Declaring that pursuant to California Public Resources Code Section 21081.6, theCouncil hereby adopts the Mitigation Monitoring and Reporting Program, oralterations to implement the changes to the Project as required by this body inorder to mitigate or avoid significant effects on the environment, and incorporatedherein by this reference; Directing the City Clerk to file a Noti ce of Determination (NOD) with the Clerkof the Board of Supervisors for the County of San Diego regarding the Project.

NATURAL RESOURCES AND CULTURE COMMITTEE’S RECOMMENDATION: On 10/15/2008, NR&C voted 4 to 0 to approve. (Councilmembers Peters, Faulconer, Atkins,and Frye voted yea.

SUPPORTING INFORMATION: Water Main Replacement Group 3008 is part of a program established by the City of San Diegoand the California Department of Public Health mandating the replacement of all cast iron watermains currently in service. Water Main Replacement Group 3008 consists of two (2) Projects,Water Group 532 and Water Group 533. This Project is located in Midway District, Little Italy,and Downtown Community Planning Areas. This Project includes the construction ofapproximately 17,979 linear feet of existing 16-inch water main and all other work andappurtenances. It also includes installing curb ramps and street resurfacing. The streets affectedby Water Main Replacement Group 3008 are North Harbor Drive, Pacific Highway, LaurelStreet and the surrounding alleys and streets as shown on the location maps. Contractor willprepare traffic control shop drawings for the portions not covered by our Consultant TrafficPlans and implement them during construction after review and approval by the City.


EQUAL OPPORTUNITY CONTRACTING PROGRAM (EOCP):Funding Agency: City of San Diego-Prevailing wages do not apply to this contract.Goals: 13% Mandatory Subcontractor Participation Goal, 4% Advisory

Participation Goal Disadvantaged Business Enterprise (DBE), 1%Advisory Participation Goal Disabled Veteran Business Enterprise

(DVBE), 8% Advisory Participation Go al Other Business Enterprise (OBE)Other: Prior to award, a workforce report, and if necessary, an Equal Opportunity

Plan shall be submitted. Staff will monitor the Plan and adherence to theNondiscrimination Ordinance. EOC staff will evaluate the bidder’scompliance with SCOPe. Failure to comply with SCOPe will lead to thebid being declared non-responsive. This contract will be advertised forbids in the San Diego Daily Transcript , the City of San Diego’s website,and the E-Bid Board. In addition, once implemented, the BidderRegistration Program will notify registered participants of bidopportunities. Prior to implementation of the Bidder Registration Program,the City will notify trade associations and eligible firms via fax and/or e-mail.

FISCAL CONSIDERATIONS:The total estimated cost of this Project is $10,052,097.02. Enterprise funding of $10,052,097.02will be available in CIP-73-083.0, Annual Allocation-Water Main Replacements, Fund 41500,Water, for this purpose. The project costs of $10,052,097.02 maybe reimbursed approximately80% by current or future debt financing. This Project is scheduled to be phase-funded over twoFiscal Years from FY09 to FY10. No future funding is anticipated. Contingent upon theavailability of funds, the City Comptroller will issue an Auditor Certificate for each phase of theproject. PREVIOUS COUNCIL COMMITTEE ACTION:The Committee on Natural Resources and Culture on October 15, 2008, consent motion byCouncil President Peters, second by Councilmember Faulconer. Vote to approve 4-0. COMMUNITY PARTICIPATION AND PUBLIC OUTREACH EFFORTS:This Project was presented to the Midway Planning Group, Paradise in Progress Review Group,Paradise in Progress Workshop, and Greater Mid-City Community. Coordination meetings andpresentations have been on regular occurrences for over a year with the San Diego Airport,Centre City Development Corporation, Port of San Diego, and tenants located throughout theproject location. The contractor will contract a Public Information Consultant throughout theconstruction of the project, to keep everyone updated of progress, answer concerns, and givenotifications prior to construction activities. In addition, residents and businesses will be notified


at least one (1) month before construction begins by the City’s Engineering and Capital ProjectsDepartment and again, ten (10) days before construction begins by the Contractor through handdistribution of notices. KEY STAKEHOLDERS AND PROTECTED IMPACTS (if applicable):Residents, Port of San Diego, Port Tenants in this area will encounter minor inconvenienceduring construction. After completion, all will experience improved reliability of the watersystem. Ninyo & Moore Company was authorized to perform examination and investigation ofsubsurface conditions including properties of soil, geologic hazard, soil contamination andpotential groundwater. Boyle Engineering Company was authorized to prepare traffic controlplans for the high volume traffic on North Harbor Drive and Pacific Highway. Construction along North Harbor Drive will be restricted during the Holiday Moratorium fromThanksgiving Day to the New Year. In addition the construction work from Grape Street to theAirport will be completed at night between the hours of 3:00 P.M. to 6:00 A.M. Boekamp/Jarrell

FILE LOCATION: CONT-Burtech Pipeline, Inc.



* ITEM-104: Inviting Bids for the Construction of Utilities Undergrounding of Block 2E,Phase I Project. (Old San Diego Community Area. District 2.)

STAFF’S RECOMMENDATION:



Approving the plans and specifications for the construction of Block 2E, Phase I(Project), on Work Order No. 370332;


Authorizing the Mayor, or his designee, after advertising for bids in accordancewith law, to award the Project contract to the lowest responsible and reliablebidder provided that the City Auditor and Comptroller first furnishes one or more certificates certifying that the funds necessary for expenditure are, or will be, ondeposit with the City Treasurer; Authorizing the expenditure of an amount not to exceed $3,195,500 fromCIP-37-028.0, Utilities Undergrounding of Block 2E Phase I, UndergroundUtilities District (UUD) Surcharge Fund, Fund No. 30101, solely and exclusively,for the purpose of providing funds for the Project and related costs, provided thatthe City Auditor and Comptroller first furnishes one or more certificatescertifying that the funds are, or will be, on deposit with the City Treasurer; Authorizing the City Auditor and Comptroller, upon advice from theadministering department, to transfer excess budgeted funds, if any, to theappropriate reserves; Stating for the record that the Utilities Undergrounding of Block 2E, Phase I(Project), is a subsequent discretionary approval of the Project addressed in theMitigated Negative Declaration, Project No. 23247, and therefore not a separateproject under California Environmental Quality Act (CEQA) Guidelines Sections15060(c)(3) and 15378(c). (BID-K094443C)

STAFF SUPPORTING INFORMATION: In accordance with San Diego Municipal Code (SDMC), Chapter 6, Article 1, Division 5,Underground Utilities Procedural Ordinance, this Project was created per the UndergroundUtility Districts Residential Project Block 2E (Old San Diego); and will underground alloverhead utilities within this district. Utilities Undergrounding of Block 2E, Phase I Project is part of the City of San Diego’scontinuing annual Capital Improvements Undergrounding of overhead utility lines. This Projectis located in the Old San Diego Area of the Mission Hills Community, and includes theinstallation of conduits to underground SDG&E, AT&T, Cox Communications, and street lights.The work includes trenching along one side of the right-of-way, installing conduits, andsubstructures. The streets affected by the construction operation are Arista Street, Pine Street,Ampudia Street, Conde Street, Conde Place, Fort Stockton Drive, Hortensia Street, and WitherbyStreet.


The contractor will prepare traffic control drawings for these streets per City of San Diego’sstandards, get them reviewed and approved by City staff, and implement them during theconstruction phase. EQUAL OPPORTUNITY CONTRACTING:The Utilities Undergrounding of Block 2E, Phase I, will be awarded under the Mayor’s authorityto award contracts when the project and funding have been approved by Council. Prior to awardof any contract, a work force report, and if necessary, an Equal Opportunity Employment Planshall be submitted. EOC staff will evaluate the bidder’s compliance with contract goals and thegood faith effort. Failure to comply with the program’s requirements will lead to the bid beingdeclared non-responsive.Funding Agency: UUD Surcharge Fund No. 30101Prevailing Wages: N/A FISCAL CONSIDERATIONS:The construction cost, and other related costs, such as coordination with the utility companies,inspection and administration are estimated at $3,195,500. Funds are available in Fund 30100,Undergrounding Surcharge Fund. Contingent upon the availability of funds, the CityComptroller will issue an Auditor Certificate for this Project. PREVIOUS COUNCIL AND COMMITTEE ACTIONS:The subject item was presented and approved by the City Council of the City of San Diego onFebruary 2, 2004. COMMUNITY PARTICIPATION AND PUBLIC OUTREACH EFFORTS:During the design phase, property owners and residents were mailed an informational brochureabout the City’s Undergrounding Program including information on how to contact and get moreinformation via the Underground Program Information Line and the Underground Program viathe internet, where they can access a monthly project status and sign up for email updates fromthe Underground Program Staff. Prior to the start of construction affected property owner(s) and/or tenant(s) are invited to a two-hour community forum regarding the project and the construction process, get project maps andschedules, and speak to utility company representatives about individual questions. During construction, e-mails will be periodically sent to those who signed up, with informationregarding the status of their project, where the contractor is working and where he will beworking next. Residents are provided door hangers with the contractors name and contactnumber and the City’s contact name, number and internet address prior to work occurring onprivate property.


Community Planning groups are added to all customer contact mailings and are notified of pre-construction meetings to discuss community issues directly with the contractor. Customersatisfaction surveys are used throughout the process and at project completion to identifysystemic issues and improve customer service. KEY STAKEHOLDERS AND PROJECTED IMPACTS (if applicable):Residents, Businesses, and Utility companies. Boekamp/Jarrell Aud. Cert. 2900225. Staff: Marnell Gibson - (619) 533-5213 Ryan Kohut - Deputy City Attorney

FILE LOCATION: CONT-KTA Construction, Inc.



* ITEM-105: Agreement with UC Regents-University of California, San Diego (UCSD) for LaJolla Shores Areas of Special Biological Significance (ASBS) Dry Weather Flowand Pollution Control Grant Program. (La Jolla Shores Community Area. District 1.) (See Storm Water Department’s 10/15/2008, Executive Summary Sheet; andStorm Water Department’s 10/15/2008, PowerPoint.)





Authorizing the Mayor, or his designee, to execute, for and on behalf of the City,an Agreement with UC Regents - University of California, San Diego, for the LaJolla Shores ASBS Dry Weather Flow a nd Pollution Control Program (Project),under the terms and conditions set forth in the Agreement; Authorizing the City Comptroller to expend an amount not to exceed $700,000,contingent upon receipt of a fully executed grant agreement; and use $175,000 formatching funds available in CIP-12-160.0, Fund No. 630221; Authorizing the Mayor, or his designee, to conduct all negotiations, executeagreements, and submit all documents including, but not limited to amendmentsand payment requests, which may be necessary for the completion of the Project; Declaring that this activity is not a “project” and is therefore not subject toCalifornia Environmental Quality Ac t (CEQA) pursuant to State CEQAGuidelines Section 15060(c)(3). However, the Capital Project for which thesefunds would be used will be subject to future CEQA review.


SUPPORTING INFORMATION: The California State Water Resources Control Board (SWRCB) has established 34 Areas ofSpecial Biological Significance (ASBS) off of the California coast. Two adjacent ASBS existwithin the jurisdiction of the City of San Diego (City): ASBS No. 31 (the San Diego MarineLife Refuge at the Scripps Institution of Oceanography) and ASBS No. 29 (the San Diego-LaJolla Ecological Reserve off the coast of La Jolla Shores). The discharge of constituents or“wastes” contained within storm water discharges into the ASBS is prohibited by the CaliforniaOcean Plan. However, the Ocean Plan allows jurisdictions to apply to the SWRCB forexceptions to the prohibition if certain conditions are met. The exception is anticipated toprohibit the discharge of dry weather coastal flows into the ASBS.


The City applied to the SWRCB for its exception for ASBS No. 29 in May 2006. While awaitingapproval of the exception, the City is working towards the execution of a three-step programdesigned to reduce impacts to the receiving waters of both ASBS Nos. 29 and 31. The three stepsare: formulation of a management plan; execution of a monitoring program; and implementationof Best Management Practices (BMPs). In October 2005, the City partnered with UC Regents-UCSD to receive an Integrated CoastalWatershed Management Planning Grant from the State of California which resulted in thepreparation of the La Jolla Shores Coastal Watershed Management Plan for the ASBS drainagearea. City Council voted in June 2008, to adopt the plan. The BMPs per the management plan include the implementation of dry weather diversions at over 90% of the drainage area collectedand discharge out of the municipal storm drain outfalls to the ASBS. The City has been installing in phases a low flow storm drain diversion system to serve thePacific Ocean coast of the La Jolla, Pacific Beach, and Ocean Beach areas. Phases I and II havebeen completed using grant monies from the Environmental Protection Agency. Phase III isnearly complete. Phase III will include a total of 11 locations from La Jolla Point to OceanBeach. The fourth phase focuses on the La Jolla ASBS to address the prohibition of dry weather flowsunder the Ocean Plan Exception Process. Four low flow coastal diversions are planned for thisfourth phase. The UC Regents - UCSD applied to the State Board for a second grant under thisConsolidated Grant program (Proposition 50) for multiple structural control projects includinglow flow diversions. City staff coordinated with UC Regents-UCSD for the City to be asubcontractor on this grant for the implementation of three low flow diversions. The City’srequested funds under this grant program include the installation of three of the four coastal dryweather diversions; the fourth is funded under an Environmental Protection Agency grant.Partnering with UC Regents-UCSD allows for greater efficiency and additional grant fundingopportunities for projects in the ASBS. This agreement is subject to the City’s Equal Opportunity Contracting (San Diego Ordinance No.O-18173, Sections 22.2701 through 22.2702) and Non-Discrimination in Contracting Ordinance(San Diego Municipal Code Sections 22.3501 through 22.3517). FISCAL CONSIDERATIONS: On June 5, 2007, the General Services Department, Storm Water Pollution Prevention DivisionOperating Fund transferred $920,000 to the Engineering and Capital Projects Department whichincluded $745,000 to assist in the completion of these three Coastal Low Flow Diversions andone US Environmental Protection Agency (EPA) grant Coastal Low Flow Diversion.


This agreement with UC Regents-UCSD is for $875,000 for construction of three Coastal LowFlow Diversions; $700,000 is reimbursable under the agreement and $175,000 fulfills therequirement for matching costs. PREVIOUS COUNCIL AND/OR COMMITTEE ACTION:

• On June 5, 2007, the General Services Department, Storm Water Pollution PreventionDivision Operating Fund transferred $920,000 to the Engineering and Capital ProjectsDepartment which included $745,000 to assist in the completion of these three Coastal LowFlow Diversions and one US Environmental Protection Agency (EPA) grant Coastal LowFlow Diversion.

• On June 19, 2006, Council approved the acceptance and expenditure of grant funds for theIntegrated Watershed Management Plan grant, Resolution R-301543.

• On June 17, 2008, Council voted to adopt the La Jolla Shores Coastal WatershedManagement Plan. This action was approved by NR&C on 10/15/08.

COMMUNITY PARTICIPATION AND PUBLIC OUTREACH EFFORTS: On May 9, 2007, the grant concept was presented to the La Jolla Shores Association by UCSD,San Diego Coastkeeper, Storm Water Pollution Prevention Division and the City’s consultantWeston Solutions. This meeting was attended by approximately 25 citizens. A public workshopwas held on July 30, 2008, for community input on the design of the low flow diversions. Twocommunity members attended, representing two groups. City staff will continue to involvecommunity members and all other affected City departments and agencies involved with thisproject. KEY STAKEHOLDERS: La Jolla Shores community, UC Regents-UCSD, Scripps Institute of Oceanography, San DiegoCoastkeeper, and State Water Resources Control Board. PROJECTED IMPACTS: The approval of this action will allow the City to continue the project design with communityoutreach, and construction of improvements to address ASBS requirements. Heinrichs/Jarrell Aud. Cert. 2900285.




* ITEM-106: First Amendment to the California Center for Sustainable Energy (CCSE)Customer Service Agreement. (Citywide.) (See Metropolitan Wastewater Department’s 9/16/2008, Executive SummarySheet.)



(R-2009-439) ADOPTED AS RESOLUTION R-304376 Authorizing the Mayor, or his designee, to execute a First Amendment to the TaxExempt Customer Service Agreement previously approved by Resolution No.R-303880 with California Center for Sustainable Energy (CCSE), a 501(c)(3) not-for-profit California Corporation, per the terms, in order to allow the City tocontinue its involvement in the non-pro fit entity energy conservation incentiveprograms during the Public Utilities Commission’s 2009 through 2011 fundingperiod; Declaring that this Master Agreement is not subject to California EnvironmentalQuality Act (CEQA) pursuant to Stat e CEQA Guidelines Section 15060(c)(3).



SUPPORTING INFORMATION: On June 26, 2008, the City entered into an agreement with the California Center for SustainableEnergy (CCSE), a 501(c)(3) not-for-profit California Corporation, to administer the PublicUtilities Commission’s (PUC) Tax Exempt Customer (TEC) Incentive Program. This pilotprogram provides energy incentives to tax exempt customers for standard and non-standardenergy conservation projects. CCSE is authorized to completely implement the incentivizedenergy conservation projects. All of CCSE’s administration costs are paid for by San Diego Gasand Electric (SDG&E). The prior Council action also authorized four years of phased funding, subject to Councilapproval of the annual operating budget, which allows the City to implement multiple phases ofenergy conservation projects. The current agreement anticipated that the Public Utilities Commission (PUC) would continuethe “Tax Exempt Customer Program” pilot program in a similar manner, for the 2009-2011PUC/SDG&E and CCSE funding cycles. In August 2008, SDG&E informed the City and theCCSE that the services available under this program could continue to be provided by CCSE.However, during the 2009-2011 PUC funding cycle they will be provided through a newprogram or multiple programs with different names. SDG&E and CCSE have arranged for theprograms that will be submitted for PUC approval for the 2009-2011 funding cycle to providesimilar services as those received under the Tax Exempt Customer Service Agreement. Staff willreview and evaluate the energy conservation project incentives and programs approved by thePUC and SDG&E for the 2009-2011 funding cycle. This request is to amend the existing agreement with CCSE to cover the 2009 - 2011 fundingcycle, if the incentives and services provided are determined to be the same or substantiallysimilar to those included in the Tax Exempt Customer Program and to modify the agreementlanguage to cover any subsequent programs offered by SDG&E that provide the same or similarincentives as those offered through the Tax Exempt Customer Program. This amendment willextend the term of this agreement to June 24, 2012. Equal Opportunity Contracting Program (EOCP):Funding Agency: City of San DiegoGoals: 15% VoluntarySubconsultant Participation: $287,000 Non Certified FirmsOther: This agreement is subject to the City’s Equal Opportunity Contracting

(San Diego Ordinance No. O-18173, Section 22.0702) and Non-Discrimination in Contracting Ordinance (San Diego Municipal CodeSections 22.3501 through 22.3517).


FISCAL CONSIDERATIONS:There is no cost changes associated with the amendment PREVIOUS COUNCIL AND/OR COMMITTEE ACTION:June 24, 2008, R-303880 Council approval of original agreement. This item was reviewed andapproved by the Natural Resources and Culture Committee on October 15, 2008. COMMUNITY PARTICIPATION AND PUBLIC OUTREACH EFFORTS: Not applicable. KEYSTAKEHOLDERS AND PROJECTED IMPACTS (if applicable):RatepayersCalifornia Center for Sustainable Energy (CCSE)San Diego Gas and Electric (SDG&E)Public Utilities Commission (PUC)Projected Impacts: Controlled energy costs, reduced power plant emissions, reduced need foradditional electrical utility infrastructure. Ferrier/Barret




* ITEM-107: Second Amendment to Agreement with AKT LLP, for External Auditor for Bidto Goal and Pay for Performance Programs. (Citywide.) (See Independent Budget Analyst Report No. 08-113; AKT’s Reports fromDecember 11, 2007 to January 22, 2008; and Administrative ServicesDepartment’s 10/2/2008, memorandum and 10/6/2008, PowerPoint.)

TODAY’S ACTION IS: Adopt the following resolution:

(R-2009-423 Cor. Copy) ADOPTED AS RESOLUTION R-304377 Authorizing the Mayor, or his designee, to execute, for and on behalf of the City,a Second Amendment to the Agreement with AKT Certified Public Accountants,LLP, for As-Needed External Auditing Services regarding the Bid-to-Goal andPay-for-Performance Programs of the Water Department and the Metropolitan Wastewater Department, under the terms and conditions set forth in AmendmentNo. 2; Authorizing the expenditure of an amount not to exceed $170,000, solely andexclusively, to provide funds for the above Amendment No. 2, to be expended asfollows: $100,000 from Water Operating Fund No. 41500 and $70,000 fromSewer Operating Fund No. 41509. Declaring that the above activity is not a project and therefore is not subject to theCalifornia Environmental Quality Act pursuant to CEQA GuidelinesSection 15060(c)(3).

AUDIT COMMITTEE’S RECOMMENDATION: On 10/6/2008, Audit voted 2 to 0 to forward the audit consultant contract with AKT to CityCouncil with the recommendation that it be extended for one year. (Councilmembers Faulconerand Young voted yea. Councilmember Atkins not present.)


SUPPORTING INFORMATION: The Metropolitan Wastewater (MWWD) and Water (WD) Departments engage in operationaloptimization and cost savings programs. More specifically, both departments implement “Bid to Goal” (B2G) and “Pay for Performance”(P4P) Programs to create incentives for employees to participate in identifying and creating costsavings and ongoing operational improvements that benefit the rate payers. In part, theseprograms have benchmarks and goals that when met or exceeded will also result in incentive payfor employees. The program requires independent verification that the goals, savings and targets were met tosubstantiate the incentive payments. In the early program years, the departments utilized Citystaff from the Audit Division of the Auditor & Comptroller’s Department to verify theperformance. The City Auditor is not able to provide the service at this time. In Fiscal Year2007, the City entered into Agreement with the Accounting Firm of Grice, Lund and Tarkington,LLP (now doing business as AKT Certified Public Accountants) to verify both B2G and P4Presults for the Fiscal Year 2006 program year (C-14164). The original contract award to AKTCertified Public Accountants (AKT) was for one year, with four option years. The City exercisedOption 1 via Amendment No. 1 (R-303279). In addition, both MWWD and WD Departments are currently combining services in order tostreamline operations and remove redundancy. B2G and P4P are also being restructured in orderto provide greater flexibility as the organization changes. At this time, WD has both B2G andP4P Programs and MWWD has consolidated their B2G and P4P into a B2G Program. ThisAmendment No. 2 revises the contract from a firm fixed price to an “as-needed” contract on atask order basis to allow for flexibility for modifications occurring within MWWD and WDDepartments and the potential changes within the B2G and P4P Programs. This amendment alsoincreases the current value by $170,000, for a new total not-to-exceed contract amount of$447,500, and extends the contract duration by one additional year. FISCAL CONSIDERATIONS:This action includes potentially five (5) audit components. In accordance with the proposal, thefive audit components are to be completed on an “as-needed” task order basis for a total not-to-exceed amount of $170,000. Funding is available in the amount of $70,000 from the SewerOperating Fund and in the amount of $100,000 from the Water Operating Fund. This action isfunded from sewer and water revenue rates only.


PREVIOUS COUNCIL AND/OR COMMITTEE ACTION:R-303279. This action was discussed at the Ci ty Council Audit Committee on October 6, 2008.MWWD and WD Staff requested a contract extension for the three remaining years. The AuditCommittee elected to recommend to the full City Council a one year extension. COMMUNITY PARTICIPATION AND PUBLIC OUTREACH EFFORTS: None. KEY STAKEHOLDERS AND PROJECTED IMPACTS (if applicable):

• Participating Employees and their respective employee groups, to include: San DiegoMunicipal Employees Association and AFSCME Local 127.

• AKT, LLP Ferrier/Barrett

Aud. Certs. 2900257 and 2900260.




* ITEM-108: Beach Area Neighborhood Prosecution Initiatives Fund. (MissionBeach, Pacific Beach, Mission Bay, and Ocean Beach Community Areas. District2.) (See City Attorney’s Report dated 10 /24/2008 and memorandum dated 9/17/2008;and 9/24/2008 PowerPoint.)



(R-2009-524) ADOPTED AS RESOLUTION R-304378 Authorizing the City Attorney to collect an administrative fee from personsdetermined by the City Attorney to be eligible to participate in the Beach AreaCommunity Court and who elect to participate in the program. The fee is to be setby the City Attorney, not to exceed limits imposed by state and local laws, tocover the cost of operation and staffing costs for the Beach Area CommunityCourt; Declaring that the City Attorney shall collect the fees at the time an individualenrolls in the Beach Area Community Court. Any individual unable to pay mayparticipate by performing additional or alternative community work service asdirected by the Beach Area Community Court; Authorizing and directing the City Comptroller to establish the Beach AreaNeighborhood Prosecution Initiatives Fund for the purpose of receiving the feescollected by the City Attorney from persons who participate in the Beach AreaCommunity Court; Authorizing the City Comptroller to appropriate and expend the fees in the BeachArea Neighborhood Prosecution Initiatives Fund to offset operational and staffingcosts for the Beach Area Community Court. Any monies deposited into the BeachArea Neighborhood Prosecution Initiatives Fund shall be first expended forexpenses associated with the operational and staffing costs of contracts with thoseindividuals or entities who provide services to the Beach Area Community Court; Finding that the administrative fees are for the purpose of meeting operatingexpenses and therefore are exempt from CEQA pursuant to Public ResourcesCode 21080(b)(8).



PUBLIC SAFETY AND NEIGHBORHOOD SERVICES COMMITTEE’SRECOMMENDATION: On 9/24/2008, information only. IBA Policy Analyst Lisa Celaya commented that theIndependent Budget Analyst would like additional data regarding the cost of the program andhow the cost recovery rate was determined so that they could evaluate the proposal. Ms. Celayaalso expressed concern regarding from where the money from the City would come. Thecommittee members recommended that the proposal for a program fee be forwarded to CityCouncil for its consideration.



* ITEM-109: Consultant Agreement with Simon Wong Engineering, Inc., for the Georgia StreetBridge Over University Avenue Project. (Uptown and Greater North ParkCommunity Areas. District 3.)




Authorizing the Mayor to execute, for and on behalf of the City, an Agreementwith Simon Wong Engineering, Inc., for the purpose of developing SeismicStrategy Report under the terms and conditions set forth in the Agreement,together with any reasonably necessary modifications or amendments theretowhich do not increase project scope or cost and which the Mayor shall deemnecessary from time to time in order to carry out the purposes and intent of thisproject and agreement;


Authorizing the expenditure of an amount not to exceed $242,968.48 from Fund30300 and 30310, TransNet, CIP-52-555.0, Georgia Street Bridge, for the purposeof providing funds for the above-referenced Project; Authorizing the City Auditor and Comptroller, upon advice from theadministering department, to transfer excess funds, if any, to the appropriatereserves; Declaring that this activity is not subject to CEQA pursuant to State CEQAGuidelines Section 15060(c)(3). The activity for which this Agreement will beused is Statutorily Exempt from CEQA pursuant to State Guidelines 15262(Feasibility and Planning Studies.) However, additional environmental reviewwill be necessary for any future geotechnical studies to be performed on thehistoric bridge.

STAFF SUPPORTING INFORMATION: The Consultant Agreement with Simon Wong Engineering, Inc., will develop a Seismic StrategyReport in accordance with CalTrans and Federal Highways Administration Guidelines. Thereport will address the feasibility of potential seismic retrofit alternatives for the Georgia StreetBridge over University Avenue. This National Register of Histor ic Places-listed structure hasbeen evaluated by CalTrans and has been determined to be structurally deficient and functionallyobsolete. In accordance with AR25.60, the Engineering and Capital Projects Department conductedconsultant team interviews on April 16, 2008 and selected Simon Wong Engineering, Inc. Theinterview panel consisted of Frank Gaines, Project Manager for the Engineering & CapitalProjects Department, Joseph Asuncion - CalTrans Local Assistance, Robert Jones - CalTransStructures Local Assistance, and Katherine Hon - Community Representative. FISCAL CONSIDERATIONS:The total fee for this Agreement is $242,968.48. Funding is available in CIP-52-555.0,Replacement of Georgia Street Bridge over University Avenue, Fund Nos. 30300 and 30310,TransNet. PREVIOUS COUNCIL ACTIONS:

• R-285241, adopted January 23, 1995, Funding and Consultant contract, amended byManager’s Action May 24, 2002.

• R-301548, adopted June 22, 2006, Additional Federal funding and Environmental Consultantcontract.


COMMUNITY PARTICIPATION AND PUBLIC OUTREACH EFFORTS:Public meetings have been held in the past, but will resume on a regular basis once the consultanthas prepared a detailed alternatives analysis and the environmental review process begins. STAKEHOLDERS:Uptown Planners, North Park Planning Committee, University Heights, Simon WongEngineering, Ninyo & Moore, Nasland Engineering, Martin & Libby Structural Engineers. EQUAL OPPORTUNITY CONTRACTING:Funding Agency: City of San Diego (TransNet Funds)Goals: 15% Voluntary (MBE/WBE/DBE/DVBE/OBE)Subconsultant Participation: $59,429 Certified Firms (24.4%)

$22,620 Other Firms (9.3%)Other: Workforce Report Submitted - Equal Opportunity Plan required. Staff will

monitor plan and adherence to Nondiscrimination Ordinance. Boekamp/Jarrell Aud. Cert. 2900268. Staff: Marnell Gibson - (619) 533-5213 Ryan Kohut - Deputy City Attorney



* ITEM-110: First Amendment to As-Needed Consultant Agreement with Estrada LandPlanning, Inc., for As-Needed Landscape Architectural Services for theWightman Street Neighborhood Park Project. (Mid City-City HeightsCommunity Area. District 7.)





Authorizing the Mayor, or his designee, to execute for and on behalf of the City, aFirst Amendment to the As-Needed Agreement between the City of San Diegoand Estrada Land Planning, Inc., in the amount of $110,000 for as-neededLandscape Architectural Services for the Wightman Street Neighborhood Park(Project), for a contract amount not to exceed $360,000, under the terms andconditions set forth in the Agreement, together with any reasonably necessarymodifications or amendments thereto which do not increase project scope or costand which the Mayor shall deem necessary from time to time in order to carry outthe purposes and intent of this Project and Agreement; Authorizing the expenditure of an amount not to exceed $110,000 fromCIP-29-925.0, Wightman Street Neighborhood Park, Fund No. 39094, SpecialPark Fee, for providing funds for the First Amendment with the Consultant; Authorizing the City Comptroller, upon advice from the administrativedepartment, to transfer excess funds, if any, to the appropriate reserves; Declaring that this activity (an amendment to an existing Agreement) is not a“project” and is therefore not subject to California Environmental Quality Act(CEQA) pursuant to State CEQA Guidelines Section 15060(c)(3).

STAFF SUPPORTING INFORMATION: In August 2006, Estrada Land Planning, Inc., was retained to provide as-needed landscapearchitectural services for various park projects on an as-needed hourly fee basis, in the amountnot to exceed $250,000. As part of the Contracted Agreement, specific scope of services and feeswould be determined in response to an individual task requested by each project. Each task isindividually funded by the project. Task Order No. 1 in the amount of $250,000 was executed for the design and development ofWightman Street Neighborhood Park needed for the preparation of a general development plan,environmental documents, construction documents, and construction administration. Howeverdue to extensive permit requirements by various regulatory agencies, additional technical reportsand permit processing are necessary and required to meet all applicable guidelines required for


the park development and as well as the Auburn Creek enhancement. It would be beneficial toobtain these additional services from the same project consultant team. From the current task performance, the consultant has gained the knowledge of the existing sitecondition, site constraints and opportunities, sensitive resources and technical reports of thispark. This based knowledge is necessary to successfully assist the City in completing theremaining work of this project in a timely manner. Wightman Street Park is a new one-acre neighborhood park located on 5024 Wightman Street inthe Mid City-City Heights Area. The park will provide for amenities including childrenplaygrounds for 2-5 and 6-12 year-olds, basket ball courts, picnic barbeques, shade structure,decomposed granite trail, nature exhibits, landscaping, fencing, drainage facilities, securitylighting, art elements and other typical standard amenities. A portion of Auburn Creek that is located on-site will be enhanced as per the City Chollas CreekEnhancement Program. FISCAL CONSIDERATIONS:The original consultant Agreement was authorized in the amount of $250,000. This request in theamount of $110,000 will increase the Agreement to a total of $360,000. EOUAL OPPROTUNITY CONTRACTING:Funding Agency: City of San DiegoGoal: 15% Voluntary (MBE/WBE/DBE/DVBE/OBE)Subconsultant Participation: $0 Certified firms 0% $37,400 Other firms 34%Other: Workforce Report Submitted - Equal Opportunity Plan required. Staff will

monitor plan and adherence to Nondiscrimination Ordinance. PREVIOUS COUNCIL AND/OR COMMITTEE ACTION:On August 5th, 2006, Council Action authorized the Agreement with Estrada Land Planning,Inc., for as-needed landscape architectural services at various City parks (Resolution R-301796). On April 2nd, 2007 Council Action authorized the request for grant amendment and Special ParkFees for Wightman Street Neighborhood Park; the addition of CIP-29-925.0, Wightman StreetNeighborhood Park acquisition and development; the appropriation and expenditure of $686,000from Special Park Fee, Fund No. 39094 for the Wightman Street Neighborhood Park; thetransfer of $167,000 from General Services/Street Division (gas tax) fund to Special Park Fee,Fund No. 39094 in CIP-29-596.1, Fox Canyon Neighborhood Park-Ontario Avenue; the closureof CIP No-29-596.1, Fox Canyon Neighborhood Park-Ontario Avenue, and the transfer of excess


budgeted fund, if any, to the appropriation reserves; and the Department of Park and Recreationto pursue other grants for the Fox Canyon, Wightman and Home Avenue(Resolution No. R-302498). COMMUNITY PARTICIPATION AND PUBLIC OUTREACH EFFORTS:On November 28, 2007, the Colina Del Sol Recreation Council voted unanimouslyrecommending the approval of the Wightman Street Neighborhood Park General DevelopmentPlan. On April 9, 2008, the Park and Recreation Area Committee - Community Parks II Division voted(8-2-1) recommending the approval of the Wightman Street Neighborhood Park GeneralDevelopment Plan. On May 14, 2008 the Design Review Committee voted unanimously recommending the approvalof the Wightman Street Neighborhood Park General Development Plan. KEY STAKEHOLDERS AND PROJECTED IMPACTS:

• The Colina Del Sol Recreation Council and the City Heights Planning Area Committee

• The Resources Agency of the State of California, Department of Parks and Recreation

• Estrada Land Planning, Inc., and Sub-consultants: Nasland Engineering, Affinis, MEI,Geocon

Oskoui/Jarrell Aud. Cert. 2900185. Staff: Darren Greenhalgh - (619) 533-6600 Shannon Thomas - Deputy City Attorney




* ITEM-111: First Amendment to Consultant Agreement with KTU+A, Inc., forMission Bay-Fiesta Island General Development Plan (GDP). (Mission BayCommunity Area. District 6.)



(R-2008-600 Cor. Copy) RETURNED TO MAYOR’S OFFICE

Authorizing the transfer of funds from CIP-22-960.0, Fiesta Island InfrastructureImprovements, to CIP-22-959.0, Mission Bay - Fiesta Island GeneralDevelopment Plan within Fund No. 10507, Sludge Mitigation Fund, in theamount of $214,000; Authorizing the City Comptroller to appropriate and expend $214,000 fromCIP-22-959.0, Mission Bay-Fiesta Island General Development Plan, FundNo. 10507, Sludge Mitigation Fund, for the purpose of executing the FirstAmendment to Consultant Agreement with KTU+A, Inc.; Authorizing the Mayor, or his designee, to execute, for and on behalf of the Cityof San Diego, a First Amendment to the Consultant Agreement with KTU+A,Inc., in the amount of $203,786, for additional professional design services forCIP-22-959.0, Mission Bay-Fies ta Island General Development Plan, under theterms and conditions set forth in the Agreement, together with any reasonablynecessary modifications or amendments thereto which do not increase projectscope or cost and which the Mayor sha ll deem necessary from time to time inorder to carry out the purposes and in tent of this Project and Agreement; Authorizing the City Auditor and Comptroller, upon advice from theadministering department, to transfer excess funds, if any, to the appropriatereserves; Declaring that this activity is not a project and therefore exempt from CaliforniaEnvironmental Quality Act (CEQA) pursuant to State Guidelines Section15060(c)(3).



STAFF SUPPORTING INFORMATION: The original agreement with KTU+A, Inc., for professional consulting services for Mission Bay-Fiesta Island General Development Plan was approved by Council on October 31, 2005. As part of the calculation of the fees, the consultant incorrectly added the various subtotals forthe sub consultants on the project. As a result, the compensation amount for the Scope ofServices, Exhibit B-1, was incorrectly totaled, resulting in an error of $41,794 less than theactual total of the various elements. The mistaken total was not discovered until after the Projectwork had started and work was in progress. Additionally, as work on the Project has progressed; additional scopes of work items have beenidentified that are required to complete the project. Additional scope requirements includeadditional presentations to the Mission Bay Park Committee and community groups, additionaldetailed biological surveys, application and processing of Site Development and CoastalDevelopment permits, increased complexity of site design requirements based onaccommodating numerous competing land uses, increased labor costs associated with processinggreater than anticipated public input questionnaires, e-mails, meetings and phone calls, andweb site hosting and maintenance. Moreover, subsequent to meetings with user groups, anadditional alternative will be developed for consideration. A complete detailed listing of theitems of work associated with the increased scope is contained on “Exhibit A-1 Additional Scopeof Services” attached to the First Amendment to Consultant Agreement. The total amountrequested for these additional services is $156,992. Staff is also requesting an additional $5,000be allocated to cover unforeseen professional design services as the project begins the approvalprocess. The total requested increase to the Consultant’s contract is $203,786. The remaining $10,214 will fund additional City staff time required to manage the Projectthrough the approval process. FISCAL CONSIDERATIONS: Funds in the amount of $214,000 are available in CIP-22-960.0, Fiesta Island InfrastructureImprovements, Fund No. 01507, which provides for infrastructure improvements to supportfuture recreational facilities on Fiesta Island in Mission Bay Park. PREVIOUS COUNCIL AND/OR COMMITTEE ACTION: Original Agreement with KTU+A, Incorporated, in the amount of $290,000 was approved byCity Council on October 31, 2005, RR-300993.


COMMUNITY PARTICIPATION AND PUBLIC OUTREACH EFFORTS: Two public workshops have been conducted where public input has been solicited viaquestionnaires, and workshop station notes, monthly updates dating back for more than a yearwith the Mission Bay Park Committee, a project website with feedback and questionnaireopportunities, and information presentations to:

• Clairemont Mesa Town Council (April 5, 2007)

• Clairemont Mesa Planning Committee (May 15, 2007)

• Linda Vista Community Planning Committee (April 23, 2007)

• Pacific Beach Community Planning Committee (April 25, 2007)

• Pacific Beach Town Council (May 16, 2007)

• Mission Beach Precise Planning Board (May 15, 2007)

• Mission Beach Town Council (June 13, 2007)

• Ocean Beach Planning Board (June 6, 2007)

• Peninsula Community Planning Board (May 17, 2007) EQUAL OPPORTUNITY CONTRACTING:Funding Agency: City of San DiegoGoals: 15% Voluntary (MBE/WBE/DBE/DVBE/OBE)Subconsultant Participation: $11,144 Certified Firms (2.26%)

$227,044 Other Firms (46.43%)Other: Work Force Report Submitted. Equal Opportunity Plan

requested. Staff will monitor plan and adherence to NonDiscrimination Ordinance.

KEY STAKEHOLDERS AND PROJECTED IMPACTS: KTU+A, Incorporated, Mission Bay Park and park users. LoMedico/Heap Aud. Cert. 2900241. Staff: Paul Jacob - (619) 235-5242 Shannon Thomas - Deputy City Attorney



MOTION BY COMMON CONSENT TO RETURN TO THE MAYOR. Passed by thefollowing vote: Peters-yea, Faulconer-yea, Atkins-yea, Young-not present, Maienschein-yea, Frye-yea, Madaffer-yea, Hueso-yea.

* ITEM-112: Approving Additional Supplies of Sodium Hypochlorite Used for Disinfection. (Point Loma Community Area. District 2.) (See Metropolitan Wastewater Deparment’s 9/8/2008, Executive SummarySheet.)

TODAY’S ACTION IS: Adopt the following resolution:

(R-2009-515) ADOPTED AS RESOLUTION R-304381 Authorizing the Mayor, or his designee, to purchase Sodium Hypochlorite fromOlin Chlor Alkali Products at the price of $0.837 per gallon pursuant to BidNumber 7317-05-T, not to exceed the amounts listed below:

Fiscal Year 2009: $ 3,200,000Fiscal Year 2010: $ 3,680,000

Authorizing the additional expenditure of $2,200,001 from Sewer Fund 41508,Department 771, for a total of $3,200,000, for Fiscal Year 2009, solely andexclusively, for the purchase of Sodium Hypochlorite; Authorizing the expenditure of $3,680,000 from Sewer Fund 41508,Department 771, for Fiscal Year 2010, solely and exclusively, for the purchase ofSodium Hypochlorite, contingent on approval of such purchase in theMetropolitan Wastewater Department’s Fiscal Year 2010 budget, and providedthe City Comptroller first furnishes one or more certificates demonstrating thefunds necessary for expenditure are, or will be on deposit in the City Treasury; Authorizing the City Comptroller to transfer excess budgeted funds, if any, to theappropriate reserves on advice from the administering department;


Declaring that this activity is not a “project” and therefore not subject to theCalifornia Environmental Quality Act pursuant to CEQA Guidelines Section15060(c)(2) and 15060(c)(3).


SUPPORTING INFORMATION: Partial disinfection is achievable by increasing the purchase and application of sodiumhypochlorite solution at the Point Loma Wastewater Treatment Plan t effluent channel. The rateof solution application will be controlled and varied at the plant and performance of the processwill be monitored by testing the plant effluent and ocean water. This process will demonstratecompliance with the bacterial objectives of ocean water quality while remaining withinestablished concentration limits of chlorine residual and byproducts. This action is needed toimplement and sustain California Regional Water Quality Control Board (RWQCB)Addendum 2 to Order R9-2002-0025. FISCAL CONSIDERATIONS:This action will allow an increase of $2,200,001 of cited chemical expense at the cited plant,greater than the current Purchase Order at $999,999, within the current FY 2009 MWWD budgetand sewer rates. A similar rate of application in FY 2010, should the option term be exercisedwithin the current bid and pricing agreement, may increase to a NTE $3,680,000, subject to FY2010 appropriation and purchase, but within this Council action of procurement level. PREVIOUS COUNCIL AND/OR COMMITTEE ACTION:This item was reviewed and approved by the Natural Resources and Culture Committee onOctober 15, 2008. COMMUNITY PARTICIPATION AND PUBLIC OUTREACH:Potential changes in truck traffic have been discussed at meetings with Point Loma stakeholders,via the monthly “Good Neighbors” meeting. This meeting includes representatives from theCabrillo National Monument, Coast Guard, Fort Rosecrans National Cemetery, Navy, and City. KEY STAKEHOLDERS AND PROJECTED IMPACTS (if applicable):Achieving RWQCB order and permit compliance benefits Metro Wastewater System customers. Ferrier/Barrett


Aud. Cert. 2900280.



* ITEM-113: Return of Endowment Funds for Maintenance of Medians onMontezuma Road to San Diego State University. (College Community Area. District 7.)




Authorizing the return of the endowment, $100,000 in principal, from FundNo. 67050, to San Diego State University (SDSU); Authorizing the return of the unspent interest earned from the endowment,$13,771.81 as of June 6, 2008, from Fund No. 67050, to SDSU; Finding that this activity is not a project and is therefore not subject to theCalifornia Environmental Quality Ac t (CEQA) pursuant to State CEQAGuidelines Section 15060(c)(3).

STAFF SUPPORTING INFORMATION: On February 25, 2002, via Resolution R-296110, the City 1) established the Montezuma RoadMedian Maintenance Fund, Fund No. 67050, 2) accepted a $100,000 endowment from SanDiego State University for the maintenance of medians on Montezuma Road, and 3) authorizedthe expenditure of interest from the fund. The medians were at that time proposed forconstruction as CIP-52-692.0. San Diego State University (SDSU) collected the $100,000 under



the terms of an agreement between SDSU, the College Area Community Council (CACC), andthe City under which $1 from the sale of each ticket from all large commercial events held at Cox Arena would be used for capital improvements and maintenance expenses in the CollegeCommunity Area. The Agreement between the City and SDSU reads in part: “If the College Area CommunityCouncil requests at the end of five years that the City return the $100,000 transfer, a substitutefunding mechanism for the maintenance of the medians must be established by the CACC”. Effective July 1, 2007, the City began funding the maintenance of the Montezuma Road medianswith Gas Tax revenue. On October 11, 2006, the CACC voted to terminate the maintenanceagreement on January 9, 2007 and on February 18, 2008, staff received a request from DanCornwaite, CACC Treasurer, formally requested return of the $100,000 principal of theendowment along with approximately $15,000 in unspent interest. FISCAL IMPACT:The affected medians are currently being maintained with Gas Tax revenue and the endowmentis not currently being used. Returning the endowment would allow the funds to be used for otherpurposes. PREVIOUS COUNCIL AND/OR COMMITTEE ACTION:1. Resolution R-296110 dated February 25, 2002.2. July 19, 2001, Agreement between the City of San Diego and San Diego State University. COMMUNITY PARTICIPATION AND PUBLIC OUTREACH EFFORTS:The College Area Community Council has requested this action. STAKEHOLDERS AND PROJECTED IMPACTS: Returning the endowment would allow the funds to be used for other purposes. LoMedico/Heap Aud. Cert. 2800877. Staff: Chris Zirkle - (619) 533-6721 Kimberly Ann Davies - Deputy City Attorney




* ITEM-114: Community Oriented Policing Services (COPS) Technology 2008 – EnhancedField Automation Capabilities.




Authorizing the Mayor, or his designee, including the Chief of Police, for and onbehalf of the City of San Diego, to submit an application for, accept, expend andmanage the grant funds and program for the purposes stated in the application; Declaring that this authority includes the execution of all aspects of fund andprogram operation, including any amendments, extensions, augmentations, orrenewals from the U.S. Department of Justice for identical or closely relatedpurposes; and to certify that the City will comply with all applicable statutory orregulatory requirements; Authorizing the City Auditor and Comptroller to accept, appropriate and expendthese funds if grant funding is secured; Declaring that this authorization shall be valid for a period of up to five years,provided funding for this purpose is made available by the U.S. Department ofJustice; Declaring that any resources received he reunder shall be used to supplement andnot to supplant expenditures controlled by this body.


STAFF SUPPORTING INFORMATION: The San Diego Police Department has been selected to receive $678,039 in federallyappropriated funds to enhance law enforcement and crime prevention abilities through the use ofgreatly expanded automation capabilities. The Project Goal is to build upon existing automated systems to capture, analyze and providecriminal justice data in the field for officers and detectives to utilize in identifying and targetingcrime problems. The Objectives are to: (1) enhance existing systems to permit electronic capture of timely andrelevant criminal data from the field; (2) provide criminal justice data in the field, using laptopsand PDAs, in a real time, user friendly format; and (3) incorporate advanced problem solvingabilities, including data gathering, analysis, and dissemination. In order to implement these objectives, funds will be used to enhance the automation systems topermit them to: capture auto theft information electronically; establish an online reporting systemfor citizens; enhance mapping and link analysis; auto-populate the arrest log; enable multiplesystem queries with a single search; and convey additional data to officers in the field. Funds areallocated to the equipment, supplies and consultants/contractors categories for the abovepurposes. The project period is 36 months, to design, develop, test and implement the enhancements. Oncedepartment-wide application is achieved, the project is expected to greatly improve the ability topredict, prevent and solve crime; identify linkages, hotspots, associates, and other connections;support greater cooperation among local, regional, state and federal agencies; improvecommunity relations; and bring community policing and problem solving to new levels in SanDiego. A process and evaluation will be conducted to assess department and community satisfactionwith the improvements. EEO: This Agreement is subject to the City’s Equal Opportunity Contracting (San DiegoOrdinance No. O-18173, Sections 22.2701 through 22.2702) and Non-Discrimination inContracting Ordinance (San Diego Municipal Code Sections 22.3501 through 22.3517).


FISCAL CONSIDERATIONS: Approval of this project will result in no additional direct costs to the City or SDPD. There is norequirement for matching funds, nor to continue program operations or expenditures afterfunding is depleted or discontinued. PREVIOUS COUNCIL AND/OR COMMITTEE ACTION: N/A COMMUNITY PARTICIPATION AND PUBLIC OUTREACH EFFORTS: N/A KEY STAKEHOLDERS AND PROJECTED IMPACTS: None. Lansdowne/Olen Staff: Donna J. Warlick - (619) 531-2221 Mary T. Nuesca - Deputy City Attorney




* ITEM-115: Prop 1B Traffic Light Synchronization Program (TLSP) At-Grade Crossing andTraffic Synchronization Project. (Centre City Community Area. District 2.) (See memorandum from Beryl Bail ey Rayford dated 11/4/2008.)




Authorizing the City Comptroller to expend an amount not to exceed $100,000from CIP-59-021.0, Fund No. 30310, TransNet, for the purpose of contributinglocal funds as a match for the At-Grade Crossing and Traffic SynchronizationImprovement Project, contingent upon receipt of a fully executed grant agreementwith SANDAG; Declaring that this activity is not a “project” and is therefore exempt fromCalifornia Environmental Quality Ac t (CEQA) pursuant to State CEQAGuidelines Section 15060(c)(2). Any construction activities related to thisapproval will be subject to environmental review.

STAFF SUPPORTING INFORMATION: As a regional partner with SANDAG, we are committed to efficient trolley and vehicle trafficmovement within the center city of San Diego to maximize benefits to all in the downtown zone. This project will outfit 123 MTS light rail vehicles with global positioning system (GPS) andcommunication systems to transmit location and movement data to San Diego Trolley’sCentralized Train Control (CTC) system. The CTC system will communicate this data toSANDAG’s deployed Regional Arterial Management System (RAMS) which will give priorityto lightrail vehicles within a specific corridor only when there are trains in that corridor.The proposed project will also synchronize 80 traffic signals along adjacent and perpendiculararterial segments in the downtown area in an effort to improve both trolley and arterial Streetoperations. The total TLSP funding is $820,000.


The project will result in significant operational improvements for both trolley and arterialoperations including an estimated 90% reduction in trolley intersection delay, an estimated 44%reduction of average intersection traffic delay (from 13.5 sec/veh to 7.6 sec/veh), and anestimated reduction of 66% percent of total passenger intersection delay. This type of project will provide environmental benefits by reducing delays and congestion,improve peak travel times and air quality, and will also increase safety by reducing the potentialof trolley and vehicular traffic conflicts. In addition, SANDAG has set aside $100,000 in local matching funds through TransNet and theCity of San Diego will be contributing $100,000 from their local TransNet funds. This representsan estimated 20% of local match from the total project estimated cost of $1,020,000. FISCAL CONSIDERATIONS:This action will authorize the expenditure of $100,000 from CIP-59-021.0, Transportation GrantMatches, Fund 30310, TransNet for the purpose of contributing local TransNet funds as a match. PREVIOUS COUNCIL COMMITTEE ACTION: N/A COMMUNITY PARTICIPATION AND PUBLIC OUTREACH EFFORTS: N/A KEY STAKEHOLDERS:Those that ride the trolley, walk or drive downtown will experience increased safety and reducedtravel time. Boekamp/Jarrell Aud. Cert. 2900184. Staff: Deborah Van Wanseele - (619) 533-3012 Michael P. Calabrese - Chief Deputy City Attorney




* ITEM-116: Continued Retention of Sullivan Hill Lewin Rez & Engel, A Professional LawCorporation for Legal Services for Case Janet M. Wood vs. City of San Diego .

CITY ATTORNEY’S RECOMMENDATION:



Authorizing the City Attorney to continue the retention of Sullivan Hill LewinRez & Engel, A Professional Law Corporation for outside counsel services for anadditional amount not to exceed $100,000 to defend any and all claims in Janet

M. Wood v. City of San Diego, U.S. District Court No. 03CV1910;; Authorizing the City Comptroller to expend up to $100,000 from the PublicLiability Fund.

SUPPORTING INFORMATION: On 9/13/02, Attorney Michael Conger filed the Conny Jamison v. City Case (02CV1825; RiskNo. LXO3-0880-0701) alleging unequal retirement benefits for non-spouse partners. This casewas dismissed on 02/06/2004. On 9/25/2003, Attorney Michael Conger filed a companion case, Janet Wood v. City

(03CV1910; Risk No. LX04-0880-0683) alleging lower retirement benefits based upon sexdiscrimination and marital discrimination. The City prevailed by way of Summary Judgment Motion in 2004. Plaintiff appealed (9 th Cir Ct of Appeals Case # 05-551960) and the Courtreversed and remanded (filed 4-6-07) the case to the trial court with the State discriminationclaim reinstated. Therefore, the case is now back in District Court for trial. The firm of Sullivan Hill Lewin Rez & Engel is outside counsel on this matter. The City, inDecember 2002, hired David Hopkins of Hillyer & Irwin to defend the Jamison case, whichtransformed into the Wood case. Hillyer went out of business and Mr. Hopkins moved toSullivan Hill Lewin Rez & Engel. The original agreement with Hillyer was for $250,000 andwas brought forward on a 1544, Manager Action (Document No. C-12129, filed in the Office ofthe City Clerk on August 11, 2003).


FISCAL CONSIDERATIONS:The City shall compensate Sullivan Hill Lewin Rez & Engel based on its hourly rates for legalservices. This Request is for an additional not-to-exceed amount of $100,000 and will be borneby the Public Liability Fund, thus cumulative funding in this matter will be $350,000. PREVIOUS COUNCIL AND/OR COMMITTEE ACTION:On September 16, 2008, the City Council voted in Closed Session on item CS-3, Janet Wood v.

City, Federal District Court Case No. 03CV1910, approving the litigation strategy and toauthorize the continued retention of outside counsel. The motion was made by Council PresidentPeters and the second by Council President Pro Tem Madaffer. The motion passed 8 to 0.City Council was briefed in Closed Session by outside counsel on February 18, 2003, on a priorcase which presented identical claims (Jamison), which was dismissed when the current case wasfiled. COMMUNITY PARTICIPATION AND PUBLIC OUTREACH EFFORTS: None. KEY STAKEHOLDERS & PROJECTED IMPACTS (if applicable):Sullivan Hill Lewin Rez & Engel LLP. Tomanek Aud. Cert. 2900306.




* ITEM-117: Contract for Legal Services with Paul Plevin Sullivan & Connaughton, LLP,Regarding Jacqueline Lindsay vs. Office of the City Attorney and City of San

Diego.




Authorizing the City Attorney to reta in Paul Plevin Sullivan & Connaughton, LLPfor the legal services in Jacqueline Lindsay v. Office of the City Attorney and City

of San Diego in an amount not to exceed $100,000. Non-conflicted employees inthe City Attorney’s Office shall monitor and direct the firm’s work;

Authorizing the City Comptroller to expend up to $100,000 from the PublicLiability Fund.

SUPPORTING INFORMATION: On or about February 28, 2007, Jacqueline Lindsay filed a claim with Risk Management forharassment, discrimination, worker’s compensation, and disability claims. Ms. Lindsay also fileda Writ for denial of long-term disab ility benefits and industrial leave, Jacqueline Lindsay v.

Office of the City Attorney and City of San Diego, et al. San Diego Superior Court Case No.881910. Outside legal counsel is necessary because Jacqueline Lindsay is a former Deputy CityAttorney and the claims arise out of the actions allegedly taken by the City Attorney’s Office.Paul Plevin Sullivan & Connaughton, LLP, has been identified as the firm best able to providethe necessary services within the required time frame. It is proposed that the representation be inan amount not to exceed $100,000. Non-conflicted employees in the City Attorney’s Office shallmonitor and direct the firm’s work. In a separate but related action on or about November 2007,Jacqueline Lindsay filed a complaint alleging wrongful discharge against the City and anAssistant City Attorney, San Diego Superior Court Case No. 37-2007-00081422-CU-WT-CTL,and due to the conflict of interest outside counsel the Brown Law Group is defending that case. FISCAL CONSIDERATIONS:Up to $100,000 from the Public Liability Fund (81140).


PREVIOUS COUNCIL AND/OR COMMITTEE ACTION:On September 16, 2008, the City Council voted in Closed Session on Item CS-4, Jacqueline

Lindsay v. Office of the City Attorney and City of San Diego, et al., San Diego Superior CourtCase No. 881910, to authorize the litigation strategy and to the retention of Paul Plevin Sullivan& Connaughton, LLP in this matter. The motion was made by Council President Peters and thesecond by Council President Pro Tem Madaffer. The motion passed unanimously 8-0. COMMUNITY PARTICIPATION AND PUBLIC OUTREACH EFFORTS: N/A KEY STAKEHOLDERS AND PROJECTED IMPACTS (if applicable):Paul Plevin Sullivan & Connaughton, LLP Tomanek Aud. Cert. 2900307.



* ITEM-118: Retention of Wood, Smith, Henning & Berman, LLP for Legal Services for CaseBun Bun Tran vs. City of San Diego et al.





Authorizing the City Attorney to re tain Wood, Smith, Henning & Berman, LLPfor the provision of legal services in Bun Bun Tran, et al. v. City of San Diego, et

al., San Diego Superior Court Case No. 37-2007-00065432-CU-PA-CTL;

Authorizing the City Comptroller to expend up to $500,000 from the PublicLiability Fund on this matter.

SUPPORTING INFORMATION: Plaintiff claims intersection was a dangerous condition of public property and suffered injuries inautomobile collision. The incident occurred on November 19, 2006, and the lawsuit was filed onMay 8, 2007. The City’s insurance carrier requested that co-counsel be hired to try the case. FISCAL CONSIDERATIONS:The City shall compensate Wood, Smith, Henning & Berman LLP based on its hourly rates forlegal services. This Request has a not-to-exceed amount of $500,000 and will be borne by thePublic Liability Fund. PREVIOUS COUNCIL AND/OR COMMITTEE ACTION:This is the initial request to Council for approval of services for the above-listed matter.In the Closed Session Meeting of September 9, 2008, on Item CS-1, the City Council approvedthe case strategy and authorized retention of outside counsel. The motion was made by CouncilPresident Peters and the second by Council President Pro Tem Madaffer. The motion passedunanimously 8 to 0. COMMUNITY PARTICIPATION AND PUBLIC OUTREACH EFFORTS: None. KEY STAKEHOLDERS AND PROJECTED IMPACTS (if applicable):Wood, Smith, Henning & Berman LLP. Tomanek Aud. Cert. 2900309.




* ITEM-119: Settlement of Property Damage Claim of Lexington Insurance Company asSubrogee of San Diego Unified School District. (La Jolla Community Area. District 1.)




Authorizing the City Auditor and Comptroller to issue a check in the sum of$215,000 made payable to Lexington Insurance Company in full settlement of thelawsuit and of all claims;

Authorizing to pay the sum of $215,000 from the Public Liability Fund 41500.

SUPPORTING INFORMATION: The proposed settlement would resolve all claims brought by Lexington Insurance Company assubrogee of San Diego Unified School District. FISCAL CONSIDERATIONS: Settlement will be paid from the Water Utility Fund. PREVIOUS COUNCIL AND/OR COMMITTEE ACTION: In Closed Session on September 23, 2008, by motion of Councilmember Frye and second byCouncilmember Hueso, the City Council, by the following Vote: Yeas, 5; Nays, None; NotPresent, Council President Peters, and Councilmembers Atkins and Madaffer, approved thefollowing motion: To approve the mediated settlement agreement of each and every claimagainst the City of San Diego, its agents and employees, resulting from the property damageclaim in Lexington Insurance Company v. City of San Diego.


COMMUNITY PARTICIPATION AND PUBLIC OUTREACH EFFORTS: N/A KEY STAKEHOLDERS AND PROJECTED IMPACTS: N/A Hsu/Lewis Aud. Cert. 2900313.



* ITEM-120: Settlement of Personnel Claim of Linda Woodbury.




Authorizing the City Auditor and Comptroller to issue a check in the amount notexceeding $450,000, made payable to the Law Offices of Larabee & Gruenberg,in trust, for the benefit of Linda Woodbury and her attorney Josh Gruenberg, infull settlement of the lawsuit and of all claims; Authorizing to pay the sum of $450,000 from the Public Liability Fund 81140.

SUPPORTING INFORMATION: The proposed settlement would resolve all claims arising from the Personnel Claim of LindaWoodbury.


FISCAL CONSIDERATIONS: Settlement will be paid from the Public Liability Fund in the amount of $450,000, (Fund 81140). PREVIOUS COUNCIL AND/OR COMMITTEE ACTION: This item was considered in Closed Session on September 23, 2008, the City Council approvedthe settlement amount of $450,000. City Council voted 6 to 0 with two members absent toapprove. The motion was made by Councilmember Maienschein with a second byCouncilmember Young. Council President Peters and Councilmember Faulconer were absent. COMMUNITY PARTICIPATION AND PUBLIC OUTREACH EFFORTS: N/A KEY STAKEHOLDERS AND PROJECTED IMPACTS: N/A Phillips/Lewis Aud. Cert. 2900289.



* ITEM-121: Consultant Agreements with NBS Government Finance Group and David Taussig& Associates for Community Facilities District and Assessment DistrictAdministration Services. (Black Mountain Ranch, Peninsula, Miramar RanchNorth, Mira Mesa, Mission Valley, and Otay Mesa Community Areas. Districts 1, 2, 5, 6, and 8.) (See memorandum from Beryl Bail ey Rayford dated 10/8/2008.)



Adopt the following resolutions: Subitem-A: (R-2009-548) ADOPTED AS RESOLUTION R-304390

Authorizing the Mayor to enter into an Agreement with NBS GovernmentFinance Group to provide Annual Administration Services relating to the City’sAssessment Districts in an amount not to exceed $28,150.


Authorizing the Mayor to enter into an Agreement with David Taussig &Associates to provide Annual Administration Services relating to the City’sCommunity Facilities Districts in an amount not to exceed $65,100.

STAFF SUPPORTING INFORMATION: The City of San Diego currently has six Community Facilities Districts with a total of $141million of outstanding special tax bonds and encompassing 5,169 parcels of land. The City alsohas four Assessment Districts with a total of $28 million of outstanding assessment bonds andencompassing 3,325 parcels of land. District administration services to be provided by the Consultants include the following:

• Maintenance of a detailed parcel database

• Preparation of the annual Special Tax Levy and Assessment Levy for each district andsubmission of the levy to the County of San Diego

• Special Tax and Assessment prepayment calculations

• Special Assessment apportionment services (assessment districts only)

• Assistance with Continuing Disclosure Annual Reports

Since the districts were formed, Debt Management has engaged the use of various consultantsfor tasks related to the administration of the City’s Community Facilities Districts andAssessment Districts. There were numerous contracts for these services, and they varied in scopeand duration. As a result, it has become difficult to administer the contracts without reallocatingsome staff resources from the department’s core financing related functions. Consolidation of the services and the associated contracts with the two firms referenced abovewill result in a more efficient process to administer the needed contracts.


The two firms were selected using the City’s As-Needed List for Special Tax Consultants andAssessment Engineers, established through a competitive Request for Proposals (“RFP”)process. Specifically, three firms were short-listed from the As-Needed List based on their abilityto provide the subject services, as communicated through their responses to the As-Needed ListRFP. A request for submittals for the subject services was sent to the three firms, and anevaluation committee reviewed the submittals with emphasis on the following criteria: relevant experience of the firm; overall responsiveness to the proposal; qualifications ofpersonnel assigned; approach to providing the scope of services; costs; and references. Thecommittee determined that David Taussig & Associates presented the strongest proposal for theCommunity Facilities District services and NBS presented the strongest proposal for theAssessment District services. FISCAL CONSIDERATIONS:There is no fiscal impact to the City associated with this action. All costs to administer theCommunity Facilities Districts and Assessment Districts are borne by the respective districts,and are recovered through the annual special tax or assessment levy. PREVIOUS COUNCIL AND/OR COMMITTEE ACTION:Since the districts were formed, there have been previous City Council actions and ManagerialActions related to various contracts to provide district administration services. COMMUNITY PARTICIPATION AND PUBLIC OUTREACH EFFORTS:None required. KEY STAKEHOLDERS AND PROJECTED IMPACTS:The contracts would be entered into with the following business entities: David Taussig &Associates, Inc.; and NBS Government Finance Group, Inc. As described above, the costs wouldbe recovered from the special taxes and assessments levied on property owners within each ofthe districts. Kommi/Lewis Aud. Cert. 2900327. S taff: Elizabeth Kelly - (619) 236-6932 Brant Will – Deputy City Attorney




* ITEM-122: Sewer Easement Vacation in Parcels 2 and 3 of Parcel Map 4380. (RanchoBernardo Community Area. District 5.)




Finding that with respect to the Easement to be summarily abandoned:1) The Easement does not contain public utility facilities;2) The Easement has not been used for the purpose for which it was acquired for

five consecutive years immediately preceding the proposed abandonment;3) There is no present or prospective public use for the Easement, either for the

facility or purpose for which it was originally acquired or for any other publicuse of a like nature that can be anticipated;

4) The public will benefit from the action through improved utilization of theland made available by the abandonment;

5) The abandonment is consistent with all applicable land use plans;6) The public facility or purpose for which the Easement was originally acquired

will not be detrimentally affected by the abandonment or the purpose forwhich the Easement was acquired no longer exists.

Declaring that the Easement located within Parcels 2 and 3 of Parcel Map 4380,as more particularly described in the legal description marked as Exhibit “A,” andshown on Drawing No. 20665-B, marked as Exhibit “B,” is ordered summarilyabandoned;


Directing the City Clerk to record a certified copy of this Resolution, withattached Exhibits, attested by her under seal, in the Office of the CountyRecorder. From and after the date of recordation of this Resolution, theabandoned public service easement shall no longer constitute a public serviceeasement. Upon such recordation, the summary abandonment is complete;

Finding that this action is exempt from the California Environmental Quality Act(CEQA) pursuant to State CEQA Guidelines section 15301 (Existing Facilities).

STAFF SUPPORTING INFORMATION: This sewer easement vacation is located in the Rancho Bernardo Community Plan area, on theRancho Bernardo Inn property, north of Rancho Bernardo Road at the northerly terminus ofBernardo Oaks Drive. This project consists of vacating a sewer easement that was granted to the City over five yearsago at no cost to the City. The easement has not been used for the purpose for which it wasdedicated or acquired for the last five years, and is no longer required by the City. There is nopresent or prospective public use of the existing easement in its present location. FISCAL CONSIDERATIONS:There are no fiscal impacts in connection with this action. All costs are being paid by theapplicant. PREVIOUS COUNCIL AND/OR COMMITTEE ACTION: N/A COMMUNITY PARTICIPATION AND PUBLIC OUTREACH EFFORTS:Although no Community Planning Group recommendation is legally required, this project wasrouted to the Community Planning Group and no comments were received. KEY STAKEHOLDERS & PROJECTED IMPACTS (if applicable):RBI Investors, LP Broughton/Anderson/GB Staff: G. Bollenbach- (619) 446-5417 Adam Wander - Deputy City Attorney NOTE: This item is not subject to the Mayor’s veto.


FILE LOCATION: F-10302 COUNCIL ACTION: (Time duration: 10:14 a.m. – 10:16 a.m.)


* ITEM-123: Easement Exchange with AT&T California – Vineyards Golf Course. (SanPasqual Community Area. District 5.)




Authorizing the Mayor, or his designee, to execute, for and on behalf of the Cityof San Diego, a grant of easement docum ent (Deed) to Pacific Bell, granting aright-of-way for communications services and facilities maintenance across theProperty, as more particularly described in the Deed; Authorizing the Mayor, or his designee, to accept and record the vacation andsurrender of the 1993 right-of-way easement in favor of Pacific Bell; Authorizing the City Comptroller to accept $1,590 from Pacific Bell and todeposit such funds into the Water Department Revenue Account 77438.

STAFF SUPPORTING INFORMATION: An easement exchange has been requested by AT&T to allow for the installation of upgradedcommunication cabinet facilities. AT&T is requesting that the City grant an 858 square-footeasement area. In exchange, AT&T proposes to quitclaim an existing 669 square-foot easementback to the City. The proposed service upgrades will directly benefit the City’s Lessee,Vineyards Golf Course operation, in that enhanced television and telephone service will be madepossible with the installation of the new communication equipment. Additionally, compared tothe existing easement area, the location and configuration of the new easement and proposed


facilities is much less intrusive to the ongoing maintenance operations at the golf course, and istherefore desirable to the City’s Lessee. Because the easement rights to be exchanged are ofequal value, and the City is to benefit directly from the service upgrades, no compensation is tobe requested by the City for the new easement rights. It should be noted that by Resolution R-272774, adopted January 30, 1989, the City of SanDiego was authorized to acquire a one-half interest, along with the City of Escondido, in theparcel affected by the subject easement exchange. As such, the easement and quitclaimdocuments will require the execution of both Cities to allow for the exchange of property rights. FISCAL CONSIDERATIONS: A $1,590 processing fee will be paid to the City of San Diego by AT&T, to cover staff labor andother costs associated with the processing of the easement exchange. PREVIOUS COUNCIL AND/OR COMMITTEE ACTION: None regarding this specific project or the contemplated exchange of easement rights. COMMUNITY PARTICIPATION AND PUBLIC OUTREACH EFFORTS: None. KEY STAKEHOLDERS AND PROJECTED IMPACTS: The Cities of San Diego and Escondido, and their Joint Lessee, the Vineyards Golf Course, arethe key stakeholders. Projected impacts include enhanced television and telephone service for theLessee, as well as for the private citizens in the area. The Lessee’s utility of the property will alsobe enhanced by the relocation of the communication equipment. Barwick/Anderson Staff: Lane MacKenzie - (619) 236-6050 John H. Serrano - Deputy City Attorney




* ITEM-124: Community Sign Installations at Various Locations. (Kearny Mesa, MissionValley, Grantville, and Redwood Village Community Areas. Districts 6 and 7.) (See memoranda from Council President Pro Tem Madaffer dated 2/4/2008 and3/11/2008; and memoranda from Councilmember Frye dated 9/2/2008 and3/11/2008.)




Amending the Fiscal Year 2009 Capital Improvements Program Budget inCIP-52-807.0, Community Sign Installations at Various Locations, in Fund 10605in the amount of $38,410, Fund 39223 in the amount of $60,000, Fund 63022 inthe amount of $7,920, Fund 10259 in the amount of $20,999.37, by increasing thebudget amount by $ 127,329.37; Authorizing the Mayor, or designee, to accept a donation in the amount of $7,920from the Redwood Village Community Council for the purpose of constructing acommunity sign; Authorizing the Mayor, or designee, to take all necessary actions to secure fundsfrom the Redwood Village Community Council into Fund 63022, Contribution toCIP for the Project; Authorizing the appropriation and expenditure of an amount not to exceed$127,329.37 from CIP-52-807.9, Community Sign Installations at VariousLocations; $38,410 in Fund 106045, Mission Valley Community Fund; $60,000in Fund 39223, Kearny Mesa Enhancement Fund; $7,920 from Fund 63022,Contributions to CIP, solely and exclusively, for the purpose of providing fundsfor the Project, provided that the City Auditor and Comptroller first furnishes oneor more certificates certifying that the funds necessary for expenditures are, orwill be, on deposit with the City Treasurer; and $20,999.37 from Fund 10529,Council District 7 Infrastructure Fund, for the purpose of design and constructionof Community Signs;


Authorizing the City Auditor and Comptroller to de-appropriate an amount not toexceed $38,410 from CIP-52-807.0 (Job Order 528071), Fund 10529, CouncilDistrict 6 Infrastructure Fund, and return said amount to the appropriate reserves;

Authorizing the City Auditor and Comptroller to de-appropriate an amount not toexceed $7,920 from CIP-52-807.0 (Job Order 528072), Fund 10529, CouncilDistrict 7 Infrastructure Fund, and return said amount to the appropriate reserves; Authorizing the City Auditor and Comptroller, upon advice from theadministering department, to transfer excess budgeted funds, if any, to theappropriate reserves; Declaring that this activity is categorically exempt from CEQA pursuant to StateCEQA Guidelines Section 15303, new construction of small structures.

STAFF SUPPORTING INFORMATION: This project, Community Sign Installations at Various Locations, CIP-52-807.0, will provide forthe installation of community identification signs at various locations. The initial phase of theproject will construct four community signs, two of which include the installation of solarlighting on the signs to enhance visibility at night. The installation of these signs will enhancethe appearance of the community entryways and will provide for neighborhood identification.All four community signs were conceptually designed within the guidelines of the associatedcommunity plans. Two signs will be installed in the Mission Valley Community Area (Job Order 528071): one atthe boundary of the Mission Valley and Grantville communities, located on Friars Road west ofSanto Road; and one at the boundary between the Mission Valley community and Mission BayPark, located on Friars Road east of Napa Street. Funding for these signs has been madeavailable from Council District 6 Infrastructure funds in the amount of $13,303.50 and theMission Valley Community fund in the amount of $38,410. Total estimated cost for the signs inthe Mission Valley and Grantville communities is $51,713.50. One sign will be located in the Kearny Mesa Community Area on Linda Vista Road south ofAero Drive at the southern entryway to Kearny Mesa. Funding for this sign is available from theKearny Mesa Enhancement Fund in the amount of $60,000 which will fully fund theconstruction of this sign.


The Redwood Village Community Area sign (Job Order 528072) will be installed on CollegeAvenue just south of the University Avenue intersection. Total cost of the Redwood VillageCommunity sign is estimated at $15,615.87. Funding for this sign is available from a donationmade by the Redwood Village Community Council in the amount of $7,920 and CouncilDistrict 7 Infrastructure funds in the amount of $7,695.87. In order to expedite the award of construction contracts for the Mission Valley/Mission Bay ParkCommunity Signs and the Redwood Village Community Sign project, Council Districts 6 and 7authorized the expenditure of council district infrastructure funds with the provision that thesefunds be returned upon the acceptance and appropriation of the Mission Valley community fundand the Redwood Village Community Council donation. FISCAL CONSIDERATIONS:The total project estimate for CIP-52-807.0, Community Sign Installations at Various Locations,is $127,329.37. PREVIOUS COUNCIL AND/OR COMMITTEE ACTION: None. COMMUNITY PARTICIPATION AND PUBLIC OUTREACH EFFORTS:This project was initiated by the local community groups and was processed through the CouncilOffices. Input on the design concept was received through discussions with the communityrepresentatives and the Council Offices. KEY STAKEHOLDERS AND PROJECTED IMPACTS:Mission Valley Community Planning GroupGrantville Community Planning GroupKearny Mesa Community Planning GroupRedwood Village Community CouncilSurrounding Residents and Businesses EQUAL OPPORTUNITY CONTRACTING (EOC):This item is subject to the City’s Equal Opportunity Contracting (San Diego Ordinance No.O-18173, Sections 22.2701 through 22.2702) and Non-Discrimination in Contracting Ordinance(San Diego Municipal Code Sections 22.3501 through 22.3517). Equal Opportunity Goals: There are no goals associated with this project.Outreach: There are no outreach requirements for this project.Funding Agency: Infrastructure Funds, Community Funds, Enhancement Funds,

Contributions to the CIP (County Grant).Prevailing Wages: Not Required.


Boekamp/Jarrell Aud. Cert. 2900278. Staff: Mark Giandoni - (619) 533-4618 Ryan Kohut - Deputy City Attorney



* ITEM-125: Angle Parking Installation on Hornblend Street. (Pacific Beach Community Area. District 2.)




Authorizing the installation of angle parking on Hornblend Street between OceanBoulevard and the alley east of Ocean Boulevard; Declaring that this activity is exempt from California Environmental Quality Act(CEQA) pursuant to State CEQA Guidelines Section 15301.

STAFF SUPPORTING INFORMATION: This action will authorize the installation of angle parking on the north side of Hornblend Streetbetween Ocean Boulevard and the alley. This action is in accordance with Municipal CodeSection 86.03, and California Vehicle Code Section 22503.


Hornblend Street between Ocean Boulevard and the alley is a two-lane, 52-foot wide two-waystreet with parking permitted on both sides of the street. In an effort to increase available parkingin Pacific Beach, the Homeowners Association representing See the Sea condominiums hasrequested the conversion of this segment of the north side of Hornblend Street from parallel toangle parking. The See the Sea condominium complex represents 100% of the adjacent propertyfrontage. The installation of angle parking at this location would result in a net gain of twoparking spaces, one of which will be a disabled parking (blue) zone. The item was presented tothe Pacific Beach Community Planning Committee. There was some concern expressed thatangle parking may be less safe than parallel parking for bicycles. However, there is adequateroadway width to safely accommodate bicyclists. FISCAL CONSIDERATIONS:$550. The striping of the angle parking spaces will be completed by the City of San Diego StreetDivision at a cost of $550 and will be completed within the Street Division existing budgetedresources. General funds are not budgeted for this specific project. However, Street Division willprioritize other maintenance needs in order to complete this project. PREVIOUS COUNCIL AND/OR COMMITTEE ACTION: None. COMMUNITY PARTICIPATION AND PUBLIC OUTREACH EFFORTS: The Pacific Beach Community Planning Committee voted in favor of this action (7-6-0). Thosethat voted against the action were concerned about bicycle safety. KEY STAKEHOLDERS AND PROJECTED IMPACTS:Area residents, businesses and beach users will benefit from the additional parking. Boekamp/Jarrell Aud. Cert. 2900179. Staff: Deborah Van Wanseele - (619) 533-3012 Michael P. Calabrese – Chief Deputy City Attorney




* ITEM-126: Multiple Species Conservation Program - Property Acquisition. (EastElliot and Otay Mesa Community Areas. Districts 7 and 8.)




Authorizing the Mayor, or his designee, to increase by $1,150,000 in the FiscalYear 2009 Capital Improvements Program Budget in CIP-37-443.0, MultipleSpecies Conservation Program - Property Acquisition, in Fund No. 10571,Habitat Acquisition Fund, for the continued acquisition of property in the westernportion of East Elliott; Authorizing the City Comptroller, upon advice from the administeringdepartment, to transfer funds, if any, to the appropriate reserves; Authorizing the City Comptroller to appropriate and expend an amount not toexceed $1,150,000 from CIP-37-443.0, Multiple Species Conservation Program -Property Acquisition, in Fund No. 10571, Habitat Acquisition Fund, for thecontinued acquisition of property in the western portion of East Elliott and thecontracting of appraisal work in the Otay Mesa MSCP area.

STAFF SUPPORTING INFORMATION: The City has an on going acquisition program within the East Elliott area, where they haveacquired over 580 acres to date. FISCAL CONSIDERATIONS: Funding in the amount of $1,150,000 is available in Fund 10571, Habitat Acquisition Fund, forthese actions. PREVIOUS COUNCIL AND/OR COMMITTEE ACTION: By previous Resolutions, R-297751 dated 3/24/2003, R-398808 dated 1/26/2004, and R-302323dated 2/14/2007, Council has approved a continuous acquisition program within the East Elliottarea.



COMMUNITY PARTICIPATION AND PUBLIC OUTREACH EFFORTS: N/A KEY STAKEHOLDERS AND PROJECTED IMPACTS: Park & Recreation expansion of its East Elliott ownership. Barwick/Anderson Aud. Cert. 2900288. Staff: B. Lane MacKenzie - (619) 236-6050 Todd Bradley - Deputy City Attorney



* ITEM-127: Three actions related to Ratification of the 2008 Project Area Committee (PAC)Election for Three Redevelopment Project Areas. (City Heights, College Area,Clairemont Mesa, Linda Vista, Midway/Pacific Highway Corridor, MissionValley, Old San Diego, Peninsula, and Uptown Community Areas. Districts 2, 3,4, 6, and 7.)

(See Report to the City Council No. 08-164.)

STAFF’S RECOMMENDATION: Adopt the following resolutions: Subitem-A: (R-2009-464) ADOPTED AS RESOLUTION R-304397

Approving as constituting a representative Project Area Committee (PAC) for theCity Heights Redevelopment Project, candidates who received the highest number


of votes in their respective categorie s and listed on the City Clerk’s Office’sverification of election results;

Finding that the election results of October 13, 2008, are valid and binding inaccordance with the Formation Procedures adopted by Resolution No. R-298199;

Declaring this activity is not a “project” and is therefore not subject to theCalifornia Environmental Quality Ac t (CEQA) pursuant to State CEQAGuidelines Section 15060(c)(3).


Approving as constituting a representative Project Area Committee (PAC) for theCollege Community Redevelopment Project Area Committee candidatesreceiving the highest number of votes;

Declaring that the election results of October 7, 2008 are valid and binding inaccordance with the procedures so adopted by Resolution No. R-304042;

Declaring that this activity is not a “project” and is therefore not subject to theCalifornia Environmental Quality Act (CEQA) pursuant to the State CEQAGuidelines Section 15060(c)(3).

Subitem-C: (R-2009-556) ADOPTED AS RESOLUTION R-304399

Approving as constituting a representative Project Area Committee (PAC) for theNorth Bay Redevelopment Project Area Committee candidates, consisting of thepersons named on the list of Project Area Committee as those receiving thehighest number of votes;

Declaring that the election results of October 7, 2008, are valid and binding inaccordance with the procedures so adopted by Resolution No. R-289249;

Declaring this activity is not a “project” and is therefore not subject to theCalifornia Environmental Quality Act (CEQA) pursuant to the State CEQAGuidelines Section 15060(c)(3).

STAFF SUPPORTING INFORMATION: Council authorized a one-year extension of the PACs and directed Redevelopment Agency staffto notice and conduct an election for the City Heights, College Community, and North Bay


Redevelopment Area PACs in 2008 by Resolution Nos. R-304041, R-304042, and R-304043 onSeptember 2, 2008. On October 13, 2008, the City Heights PAC conducted its Annual Election and meeting inaccordance with the PAC Formation Procedures and PAC Bylaws. Nine vacancies wereavailable to be filled at the Annual Election. The vacant categories included: two (2) ResidentialTenants; three (3) Residential Owner Occupants; one (1) Business Owner with a business locatedsouth of Polk Avenue; and, three (3) Community Organizations At-Large representatives. Theresults of the October 13, 2008, City Heights PAC Election are listed in Exhibit A. On October 7, 2008, the College Community PAC conducted its Annual Election and meeting inaccordance with the PAC Formation Procedures and PAC Bylaws. Six vacancies were availableto be filled at the Annual Election. The vacant categories included: one (1) Residential Tenant;one (1) Residential Owner Occupant; one (1) Business Owner; one (1) Student Enrolled inSDSU; one (1) Sorority Representative; and, one (1) Representative from an ExistingCommunity Organization. Two of the six PAC vacancies were filled at the Annual Election: thesorority representative and the SDSU student representative. The other seats did not havecandidates and are therefore vacant. The results of the October 7, 2008, College CommunityPAC Election are listed in Exhibit B. On October 7, 2008, the North Bay PAC conducted its Annual Election in accordance with thePAC Formation Procedures. Twelve (12) seats were available and advertised to be filled at theAnnual Election. The vacancies were in the following categories: three (3) Residential Tenants;five (5) Business/Property Owners; and, four (4) Community Organizations. Of the 12 availablePAC seats, eight seats (one residential tenant, two community organizations, and fivebusiness/property owners) did not have candidates and remain vacant. Candidates were electedto the remaining four seats. Of the four people elected, two are incumbents and two have beenelected to the PAC for the first time. The results of the October 7, 2008, North Bay PAC Electionare listed in Exhibit C. At the time of the writing of this report, no protests or communications regarding the CityHeights, College Community and/or North Bay PAC elections have been received. If anyprotests or communications are submitted, they will be reported to the Council and madeavailable for public review at the Public Hearing. In accordance with the PAC FormationProcedures, City Council ratification of the Annual Election results is required. FISCAL CONSIDERATIONS:None. Administration of the Project Area Committees is funded through the RedevelopmentAgency Annual Project Budget.


COMMUNITY PARTICIPATION AND PUBLIC OUTREACH EFFORTS:The Redevelopment Agency staff made it a priority to ensure that all affected residents andbusinesses of the City Heights, College Community, and North Bay Redevelopment ProjectAreas were informed of the respective PAC Elections. Approximately 28,500 election noticesand project area maps were mailed to the City Heights Project Area, 800 to the CollegeCommunity Project Area, and 7,000 to the North Bay Project Area. In addition to the mailings,notices were posted and/or distributed throughout the Project Areas. KEY STAKEHOLDERS & PROJECTED IMPACTS (if applicable):City Heights community, College Community, Clairemont, Linda Vista, Old San Diego, MissionValley, Midway, Pacific Corridor Highway, Peninsula, and Uptown. Weinrick/Anderson Staff: Karina Danek - (619) 236-6537 Kendall D. Berkey - Deputy City Attorney



* ITEM-128: Appointment to the La Jolla Shores Planned District Advisory Board. (See memorandum from Mayor Sanders dated 10/31/2008, with resume attached.)

MAYOR SANDERS’ RECOMMENDATION:




Council confirmation of the following appointment by the Mayor of the City ofSan Diego, to serve as a member of the La Jolla Shores Planned District AdvisoryBoard, for a term ending as indicated:

NAME TERM ENDING Jane Potter April 1, 2010(La Jolla, District 1)(Replacing Lorraine Pedowitz, who has resigned)

FILE LOCATION: MEET



* ITEM-129: Drainage Easement Vacation within a Portion of Lots 8, 15, and 16, Block 6 ofMap 1216 of La Jolla Strand. (La Jolla Community Area. District 1.)




Finding the drainage easement to be abandoned herein does not contain publicutility facilities or does not contain active public utility facilities that would beaffected by the abandonment, pursuant to California Streets and Highways Code8300 et seq., (and specifically Sections 8333 and 8335), and San Diego MunicipalCode Section 125.10109(c); Finding the easement has been superseded by relocation and there are no otherpublic facilities located within the easement;


Finding there is no present or prospective public use for the easement, either forthe facility or purpose for which it was originally acquired or for any other publicuse of a like nature that can be anticipated; Finding the public will benefit from the action through improved utilization of theland made available by the abandonment; Finding the abandonment is consistent with any applicable land use plan; and Finding the public facility or purpose for which the easement was originallyacquired will not be detrimentally affected by the abandonment or the purpose forwhich the easement was acquired no longer exists; Finding the drainage easement located within Lot 8, 15, and 16, Block 6 of Map1216 of La Jolla Strand as more particularly described in the legal descriptionmarked as Exhibit “A,” and as shown on Drawing No. 20321-B, marked asExhibit “B,” which are by this reference incorporated herein and made a parthereof, is ordered summarily abandoned;

Declaring that the City Clerk shall cause a certified copy of this resolution, withattached Exhibits, attested by her under seal, to be recorded in the Office of theCounty Recorder. From and after the date of recordation of this Resolution, theabandoned public service easement shall no longer constitute a public serviceeasement. Upon such recordation, the abandonment is complete.

STAFF SUPPORTING INFORMATION: This drainage easement vacation is located in the La Jolla Community Plan area, on the east sideof La Jolla Boulevard north of Gravilla Street. It is proposed to construct a three-story hotelbuilding with an underground parking structure. At the time of construction, the existing stormdrain will be demolished. This project consists of vacating an unneeded drainage easementrequired for site development that was granted at no cost to the City per deed recordedDecember 13, 1928, in Book 1564, Page 154 of Deeds. According to as-built improvement plannumbers 2763-D and 10426-D, the storm drain connection to the existing storm drain ontosubject property was abandoned approximately 50 years ago. Currently, drainage on ElectricAvenue, on the east side of the property, is directed into an existing catch basin in the middle ofthe street (Engineering Drawing No. 10426-D) and is piped northerly to an existing 45-inch RCPdraining to the west. The subject property currently sheet flows to the west onto La JollaBoulevard. The existing facilities located within this easement have been superseded with a new


drainage system as shown on Engineering Drawing No. 33508-D. There are no other publicfacilities located within the easement, and there is no present or prospective public use of theexisting easement in its present location. FISCAL CONSIDERATIONS:There are no fiscal impacts in connection with this action. All costs are being paid by theapplicant. PREVIOUS COUNCIL AND/OR COMMITTEE ACTION: N/A COMMUNITY PARTICIPATION AND PUBLIC OUTREACH EFFORTS:On August 4, 2005, the La Jolla Community Planning Association approved this project. KEY STAKEHOLDERS & PROJECTED IMPACTS (if applicable): La Jolla Palms Limited Partnership Broughton/Anderson Staff: G. Bollenbach - (619) 446-5417 Marianne Greene - Deputy City Attorney NOTE: This item is not subject to the Mayor’s veto.




* ITEM-130: Reappointments to the San Diego Convention Center Corporation Board ofDirectors. (See Mayor Sanders memorandum dated 10/20/2008.)



(R-2009-552) ADOPTED AS RESOLUTION R-304402 Council confirmation of the following reappointments by the Mayor of the City ofSan Diego, to serve as members of the San Diego Convention Center CorporationBoard, for terms ending as indicated:

NAME TERM ENDING Cheryl Kendrick December 1, 2011(Point Loma, District 2)(Reappointment) Bryan Min December 1, 2011(Santa Luz, District 1)(Reappointment)

Robert Nelson December 1, 2011(Bankers Hill, District 3)(Reappointment)

FILE LOCATION: MEET




* ITEM-131: Reappointments to the Parking Advisory Board. (See memorandum from Mayor Sanders dated 10/28/2008.)



(R-2009-570) ADOPTED AS RESOLUTION R-304403 Council confirmation of the following reappointments by the Mayor of the City ofSan Diego, to serve as members of the Parking Advisory Board, for terms endingas indicated:

NAME CATEGORY TERM ENDING Cindy Lehman Uptown Community December 31, 2009(Point Loma, District 2) Parking District(Reappointment)

John Pilch Community Planning December 31, 2009(San Carlos, District 7) Committee(Reappointment)




* ITEM-132: Reappointment to the Relocation Appeals Board. (See memorandum from Mayor Sanders dated 10/20/2008.)




Council confirmation of the following reappointment by the Mayor of the City ofSan Diego, to serve as a member of the Relocation Appeals Board, for a termending as indicated:

NAME TERM ENDING Douglas Mooney October 1, 2010(San Carlos, District 7)(Reappointment)

FILE LOCATION: MEET




* ITEM-133: Appointment and Reappointment to the Housing Commission. (See memorandum from Mayor Sanders dated 10/27/2008.)

MAYOR SANDERS’ RECOMMENDATION: Adopt the following resolution:

(R-2009-569) ADOPTED AS RESOLUTION R-304405 Council confirmation of the following appointment and reappointment by theMayor of the City of San Diego, to serve as members of the San Diego HousingCommission, for terms ending as indicated:

NAME CATEGORY TERM ENDING Allen Sims Tenant of Housing January 2, 2010(Linda Vista, District 6) Authority Unit over (Replacing Alice Tumminia, 62 years of agewho resigned) Khadija Basir Tenant of Housing January 2, 2010(Paradise Hills, District 4) Authority Unit(Reappointment)

FILE LOCATION: MEET




* ITEM-134: Appointment to the Funds Commission. (See memorandum from Mayor Sanders dated 10/30/2008, with resume attached.)



(R-2009-576) ADOPTED AS RESOLUTION R-304406 Council confirmation of the following appointment by the Mayor of the City ofSan Diego, to serve as a member of the Funds Commission, for a term ending asindicated:

NAME TERM ENDING David Walter January 28, 2012(Allied Gardens, District 7)(Replacing Sally Salazar, who has resigned)

FILE LOCATION: MEET




* ITEM-135: Appointment to the Human Relations Commission. (See memorandum from Mayor Sanders dated 10/22/2008, with resume attached.)



(R-2009-554) ADOPTED AS RESOLUTION R-304407 Council confirmation of the following appointment by the Mayor of the City ofSan Diego, to serve as a member of the Human Relations Commission Board, fora term ending as indicated:

NAME TERM ENDING Gracia Molina de Pick July 22, 2010(La Jolla, District 1)(Replacing Alejandro Balvaneda, who is not seeking reappointment)

FILE LOCATION: MEET




* ITEM-136: Appointment to the Sustainable Energy Advisory Board. (See memorandum from Mayor Sanders dated 10/27/2008, with resume attached.)



(R-2009-571) ADOPTED AS RESOLUTION R-304408 Council confirmation of the following appointment by the Mayor of the City ofSan Diego, to serve as a member of the Sustainable Energy Advisory Board, for aterm ending as indicated:

NAME CATEGORY TERM ENDING Risa Baron San Diego Gas & March 1, 2010(Normal Heights, District 3) Electric Company(Replacing Teresa Farrelly, who isnot seeking reappointment)

FILE LOCATION: MEET




* ITEM-137: Appointment to the Historical Resources Board. (See memorandum from Mayor Sanders dated 10/28/2008, with resume attached.)



(R-2009-591) ADOPTED AS RESOLUTION R-304409 Council confirmation of the following appointment by the Mayor of the City ofSan Diego, to serve as a member of the Historical Resources Board, for a termending as indicated:

NAME CATEGORY TERM ENDING Linda Marrone At-Large/ March 1, 2009(La Jolla, District 1) Real Estate(Replacing Dolores McNeely,who has resigned)

FILE LOCATION: MEET




* ITEM-138: Amending the 2008 Legislative Ca lendar to Add a Meeting of the NaturalResources and Culture Committee on December 3, 2008.

NATURAL RESOURCES AND CULTURE COMMITTEE’S RECOMMENDATION:



Amending the schedule of meetings for the City Council and StandingCommittees, and Council Budget Hearings of the City Council for the periodJanuary 1, 2008, through December 31, 2008, a copy of which is on file in theOffice of the City Clerk as Document No. RR-303207, and known as the 2008Legislative Calendar, to add a meeting of the Committee on Natural Resourcesand Culture, to be held Wednesday, December 3, 2008, at 9:00 a.m.; Directing the City Clerk to post and publish, as necessary, the notice of themeeting with the date, time, and location and make necessary preparations andarrangements for the meeting.

NOTE: This item is not subject to the Mayor’s veto.




* ITEM-139: Conflict of Interest Code for General Services Department. (Citywide.)




Adopting a Conflict of Interest Code for the General Services Department,consisting of standard language embodied in Title 2, Section 18730 of theCalifornia Code of Regulations, and any amendments to that regulation dulyadopted by the Fair Political Practices Commission, with Appendix A showingdesignated positions and their duties, and Appendix B showing the disclosurecategories; Declaring that a copy of Appendix A and Appendix B to the Conflict of InterestCode for the General Services Department as adopted be placed on file in theOffice of the City Clerk; Declaring that the persons whose positions are designated in the revised Conflictof Interest Code for the General Services Department shall file their statements ofeconomic interest with the City Clerk in compliance with the schedule set forth inGovernment Code Section 87302(b) and Fair Political Practices CommissionRegulation 18730, or any amendments thereto, which set forth the deadlines forthe filing of initial statements, assuming office statements, annual statements andleaving office statements; Declaring that the statements of economic interest filed by designated persons beretained by the Office of the City Clerk and be made available for publicinspection and reproduction; Declaring that the Conflict of Interest Code for the General Services Departmentbecomes effective upon the date of adoption of this Resolution.


STAFF SUPPORTING INFORMATION: This revision is intended to conform to Government Code Section 87305.5 requiring a biennialreview and update of local conflict of interest codes as reflected in City Council Resolution No.R-303718 adopted on May 27, 2008. The General Services Department code has been revised toreflect the restructuring of General Services for Fiscal Year 2009. Changes to division titlesinclude Equipment Division becoming Fleet Services Division and Facilities MaintenanceDivision becoming simply Facilities Division. With recent restructuring, Communications Division was added to General Services. As a resultthe following positions were added to General Services Department: Communications DivisionDeputy Director, Senior Communications Engineer, and Senior Communications TechnicianSupervisor. Due to other restructuring, the positions of Assistant Department Director, ProjectOfficer II, Information Systems Analyst IV, and Assistant/Associate Civil Engineer have also been added to Appendix A. The following positions have been removed because they no longerexist in the department or do not serve in their previous capacity: Building Services Supervisor,Offset Press Supervisor, Graphic Design Supervisor, and Multimedia Production Coordinator.No changes were made to the disclosu re categories contained in Appendix B. FISCAL CONSIDERATIONS: N/A PREVIOUS COUNCIL AND/OR COMMITTEE ACTION: N/A COMMUNITY PARTICIPATION AND PUBLIC OUTREACH EFFORTS: N/A Sierra/Jarrell Staff: Kristy Reeser - (619) 525-8553 Sharon B. Spivak - Deputy City Attorney




* ITEM-140: Conflict of Interest Code for San Diego Convention Center Corporation.(Citywide.)

SAN DIEGO CONVENTION CENTER CORPORATION’S RECOMMENDATION:



Adopting a Conflict of Interest Code for the San Diego Convention CenterCorporation, consisting of standard language embodied in Title 2, Section 18730of the California Code of Regulations, and any amendments to that regulationduly adopted by the Fair Political Practices Commission, with Appendix A showing designated positions and their duties, and Appendix B showing thedisclosure categories; Declaring that a copy of Appendix A and Appendix B to the Conflict of InterestCode for the San Diego Convention Center Corporation as adopted be placed onfile in the Office of the City Clerk; Declaring that the persons whose positions are designated in the revised Conflictof Interest Code for the San Diego Convention Center Corporation shall file theirstatements of economic interest with the City Clerk in compliance with theschedule set forth in Government Code Section 87302(b) and Fair PoliticalPractices Commission Regulation 18730, or any amendments thereto, which setforth the deadlines for the filing of initial statements, assuming office statements,annual statements and leaving office statements; Declaring that the statements of economic interest filed by designated persons beretained by the Office of the City Clerk and be made available for publicinspection and reproduction; Declaring that the Conflict of Interest Code for the San Diego Convention CenterCorporation becomes effective upon the date of adoption of this resolution.


SUPPORTING INFORMATION: This revision is intended to conform to Government Code Section 87305.5 requiring a biennialreview and update of local conflict of interest codes as reflected in City Council Resolution No.R-303718 adopted on May 27, 2008. The San Diego Convention Center Corporation’s code hasbeen revised to: 1) Revise Appendix A to include “Balboa Theatre” in the jurisdiction section;2) Added the position of “Senior Vice President, Sales and Marketing;”3) Deleted the positions of (a) “Senior Vice President and Chief Operating Officer,” (b) “Vice

President and General Counsel,” and (c) “Associate General Counsel;”4) Revised the title of “Vice President, Human Resources” to “Vice President, Human

Resources/Labor Relations;”5) Revised the title of “President and Chief Operating Officer - San Diego Theatres, Inc.” to

President and Chief Executive Officer-San Diego Theatres, Inc.” FISCAL CONSIDERATIONS: None. PREVIOUS COUNCIL AND/OR COMMITTEE ACTION: N/A COMMUNITY PARTICIPATION AND PUBLIC OUTREACH EFFORTS: N/A KEY STAKEHOLDERS AND PROJECTED IMPACTS (if applicable): N/A Wallace




* ITEM-141: Conflict of Interest Code for the Southeastern Economic DevelopmentCorporation (SEDC). (Citywide.)

SOUTHEASTERN ECONOMIC DEVELOPMENT CORPORATION’SRECOMMENDATION:


(R-2009-225) ADOPTED AS RESOLUTION R-304413 Adopting a Conflict of Interest Code for the Southeastern Economic DevelopmentCorporation, consisting of standard language embodied in Title 2, Section 18730of the California Code of Regulations, and any amendments to that regulationduly adopted by the Fair Political Practices Commission, with Appendix Ashowing designated positions and their duties, and Appendix B showing thedisclosure categories; Declaring that a copy of Appendix A and Appendix B to the Conflict of InterestCode for the Southeastern Economic Development Corporation as adopted beplaced on file in the Office of the City Clerk; Declaring that the persons whose positions are designated in the revised Conflictof Interest Code for the Southeastern Economic Development Corporation shallfile their statements of economic interest with the City Clerk in compliance withthe schedule set forth in Government Code Section 87302(b) and Fair PoliticalPractices Commission Regulation 18730, or any amendments thereto, which setforth the deadlines for the filing of initial statements, assuming office statements,annual statements and leaving office statements; Declaring that the statements of economic interest filed by designated persons beretained by the Office of the City Clerk and be made available for publicinspection and reproduction; Declaring that the Conflict of Interest Code for the Southeastern EconomicDevelopment Corporation becomes effec tive upon the date of adoption of thisResolution.


SUPPORTING INFORMATION: This revision is intended to conform to Government Code Section 87306.5 requiring a biennialreview and update of local conflict of interest codes as reflected in City Council Resolution No.R-303718 adopted on May 27, 2008. SEDC’s code has been revised to: remove and/or adddesignated positions. King/Trotier



* ITEM-142: Conflict of Interest Code for the Park and Recreation Department. (Citywide.)




Adopting a Conflict of Interest Code for the Park and Recreation Department,consisting of standard language embodied in Title 2, Section 18730 of theCalifornia Code of Regulations, and any amendments to that regulation dulyadopted by the Fair Political Practices Commission, with Appendix A showingdesignated positions and their duties, and Appendix B showing the disclosurecategories; Declaring a copy of Appendix A and Appendix B to the Conflict of Interest Codefor the Park and Recreation Department as adopted be placed on file in the Officeof the City Clerk;


Declaring that the persons whose positions are designated in the revised Conflictof Interest Code for the Park and Recreation Department shall file their statementsof economic interest with the City Clerk in compliance with the schedule set forthin Government Code Section 87302(b) and Fair Political Practices CommissionRegulation 18730, or any amendments thereto, which set forth the deadlines forthe filing of initial statements, assuming office statements, annual statements andleaving office statements; Declaring that the statements of economic interest filed by designated persons beretained by the Office of the City Clerk and be made available for publicinspection and reproduction; Declaring that the Conflict of Interest Code for the Park and RecreationDepartment becomes effective upon the date of adoption of this resolution.

STAFF SUPPORTING INFORMATION: This revision is intended to conform to Government Code Section 87305.5 requiring a biennialreview and update of local conflict of interest codes as reflected in City Council Resolution No.R-303718 adopted on May 27, 2008. The Park and Recreation Department codes have beenrevised to reflect organization changes which have occurred since 2006 when they were lastupdated. The following positions have been removed: Assistant to the Director, DevelopmentOfficer, Golf Operations Manager and Assistant Golf Operations Manager. The followingpositions have been added: Assistant Director, Golf Course Manager, Zoning Investigator,Administrative Service Program Manager, and Biologist. FISCAL CONSIDERATIONS: None.


PREVIOUS COUNCIL AND/OR COMMITTEE ACTION: N/A COMMUNITY PARTICIPATION AND PUBLIC OUTREACH EFFORTS: N/A KEY STAKEHOLDERS AND PROJECTED IMPACTS: N/A LoMedico/Heap Staff: Patty Jencks - (619) 235-5524 Sharon B. Spivak - Deputy City Attorney



* ITEM-143: Conflict of Interest Code for the Office of the City Treasurer. (Citywide.)




Adopting a Conflict of Interest Code for the Office of the City Treasurer,consisting of standard language embodied in Title 2, Section 18730 of theCalifornia Code of Regulations, and any amendments to that regulation dulyadopted by the Fair Political Practices Commission, with Appendix A showingdesignated positions and their duties, and Appendix B showing the disclosurecategories;

Adopting a copy of Appendix A and Appendix B to the Conflict of Interest Codefor the Office of the City Treasurer;


Declaring that the persons whose positions are designated in the revised Conflictof Interest Code for the Office of the City Treasurer shall file their statements ofeconomic interest with the City Clerk in compliance with the schedule set forth inGovernment Code Section 87302(b) and Fair Political Practices CommissionRegulation 18730, or any amendments thereto, which set forth the deadlines forthe filing of initial statements, assuming office statements, annual statements andleaving office statements;

Declaring that the statements of economic interest filed by designated persons beretained by the Office of the City Clerk and be made available for publicinspection and reproduction;

Declaring that the Conflict of Interest Code for the Office of the City Treasurerbecomes effective upon the date of adoption of this resolution.

STAFF SUPPORTING INFORMATION: This revision is intended to conform to Government Code Section 87305.5 requiring a biennialreview and update of local conflict of interest codes as reflected in City Council Resolution No.R-303718 adopted on May 27, 2008. The Office of the City Treasurer’s code has been revised to:include the Accountant IV position which had not been previously designated, and change theexisting title of Collections Revenue Supervisor to Revenue collections Supervisor and updatethe description of duties for this position. FISCAL CONSIDERATIONS: N/A PREVIOUS COUNCIL AND/OR COMMITTEE ACTION: N/A COMMUNITY PARTICIPATION AND PUBLIC OUTREACH EFFORTS: N/A KEY STAKEHOLDERS & PROJECTED IMPACTS (if applicable): N/A Granewich Staff: Anabel Holmstrom (619) 533-6483 Sharon B. Spivak - Deputy City Attorney




* ITEM-144: Conflict of Interest Code for City Council, Council Administration, andIndependent Budget Analyst. (Citywide.)

COUNCIL ADMINISTRATION’S RECOMMENDATION:



Declaring that a Conflict of Interest Code for the City Council, CouncilAdministration, and the Office of the Independent Budget Analyst, consisting ofstandard language embodied in Title 2, Section 18730 of the California Code ofRegulations, and any amendments to that regulation duly adopted by the FairPolitical Practices Commission, with Appendix A showing designated positionsand their duties, and Appendix B showing the disclosure categories; Declaring that a copy of Appendix A and Appendix B to the Conflict of InterestCode for the City Council, Council Administration, and the Office of theIndependent Budget Analyst as adopted be placed on file in the Office of the CityClerk; Declaring that the persons whose positions are designated in the revised Conflictof Interest Code for the City Council , Council Administration, and the Office ofthe Independent Budget Analyst shall file their statements of economic interestwith the City Clerk in compliance with the schedule set forth in GovernmentCode Section 87302(b) and Fair Political Practices Commission Regulation18730, or any amendments thereto, which set forth the deadlines for the filing ofinitial statements, assuming office statements, annual statements and leavingoffice statements.


Declaring that the statements of economic interest filed by designated persons beretained by the Office of the City Clerk and be made available for publicinspection and reproduction; Declaring that the Conflict of Interest Code for the City Council, CouncilAdministration, and the Office of the Independent Budget Analyst becomeseffective upon the date of adoption of this resolution.

SUPPORTING INFORMATION: This revision is intended to conform to Government Code Section 87305.5 requiring a biennialreview and update of local conflict of interest codes as reflected in City Council ResolutionNo. R-303718 adopted on May 27, 2008. The City Council, Council Administration andIndependent Budget Analyst code has been revised to include the Deputy Director, IndependentBudget Analyst position which had not been previously designated; update the duties of thedesignated position; and update the required filing categories for the designated position as itrelates to the disclosure of income and gifts from sources located in or doing business with theCity. FISCAL CONSIDERATIONS: N/A PREVIOUS COUNCIL AND/OR COMMITTEE ACTION: N/A COMMUNITY PARTICIPATION AND PUBLIC OUTREACH EFFORTS: N/A KEY STAKEHOLDERS AND PROJECTED IMPACTS: N/A Peters




* ITEM-145: Conflict of Interest Code for the Administration Department. (Citywide.)




Adopting a Conflict of Interest Code for the Administration Department,consisting of standard language embodied in Title 2, Section 18730 of theCalifornia Code of Regulations, and any amendments to that regulation dulyadopted by the Fair Political Practices Commission, with Appendix A showingdesignated positions and their duties, and Appendix B showing the disclosurecategories;

Declaring that a copy of Appendix A and Appendix B to the Conflict of InterestCode for the Administration Department as adopted be placed on file in the Officeof the City Clerk; Declaring that the persons whose positions are designated in the revised Conflictof Interest Code for the Administration Department shall file their statements ofeconomic interest with the City Clerk in compliance with the schedule set forth inGovernment Code Section 87302(b) and Fair Political Practices CommissionRegulation 18730, or any amendments thereto, which set forth the deadlines forthe filing of initial statements, assuming office statements, annual statements andleaving office statements; Declaring that the statements of economic interest filed by designated persons beretained by the Office of the City Clerk and be made available for publicinspection and reproduction; Declaring that the Conflict of Interest Code for the Administration Departmentbecomes effective upon the date of adoption of this resolution.


STAFF SUPPORTING INFORMATION: This revision in intended to conform to Government Code Section 87305.5 requiring a biennialreview and update of local conflict of interest codes as reflected in City Council Resolution No.R-303718 adopted on May 27, 2008. The Administration Department codes have been revised toinclude new positions which had not been previously designated, remove positions previously designated but now more appropriated included in other City’s department’s Conflict of InterestCodes, and to update the required filing categories for each designated position. FISCAL CONSIDERATIONS: None. PREVIOUS COUNCIL AND/OR COMMITTEE ACTION: N/A COMMUNITY PARTICIPATION AND PUBLIC OUTREACH EFFORTS: N/A KEY STAKEHOLDERS AND PROJECTED IMPACTS: N/A Fischle-Faulk/Goldstone Staff: Debra Fischle-Faulk - (619) 533-6387 Sharon B. Spivak- Deputy City Attorney




* ITEM-146: Conflict of Interest Code for Environmental Services Department. (Citywide.)




Adopting a Conflict of Interest Code for the Environmental Services Department,consisting of standard language embodied in Title 2, Section 18730 of theCalifornia Code of Regulations, and any amendments to that regulation dulyadopted by the Fair Political Practices Commission, with Appendix A showingdesignated positions and their duties, and Appendix B showing the disclosurecategories; Declaring that a copy of Appendix A and Appendix B to the Conflict of InterestCode for the Environmental Services Department as adopted be placed on file inthe Office of the City Clerk; Declaring that the persons whose positions are designated in the revised Conflictof Interest Code for the Environmental Services Department shall file theirstatements of economic interest with the City Clerk in compliance with theschedule set forth in Government Code Section 87302(b) and Fair PoliticalPractices Commission Regulation 18730, or any amendments thereto, which setforth the deadlines for the filing of initial statements, assuming office statements,annual statements and leaving office statements; Declaring that the statements of economic interest filed by designated persons beretained by the Office of the City Clerk and be made available for publicinspection and reproduction; Declaring that the Conflict of Interest Code for the Environmental ServicesDepartment becomes effective upon the date of adoption of this resolution.


STAFF SUPPORTING INFORMATION: This revision is intended to conform to Government Code Section 87305.5 requiring a biennialreview and update of local conflict of interest codes as reflected in City Council Resolution No.R-303718 adopted on May 27, 2008. The Environmental Services Department code has beenrevised to include a new position (Information Systems Administrator) which had not beenpreviously designated, abolished position (Assistant to the Director) previously included in theDepartment’s Conflict of Interest Code. FISCAL CONSIDERATIONS: None. PREVIOUS COUNCIL AND/OR COMMITTEE ACTION: N/A COMMUNITY PARTICIPATION AND PUBLIC OUTREACH EFFORTS: N/A KEY STAKEHOLDERS AND PROJECTED IMPACTS: N/A Gonaver/Heap Staff: Kate Clayton - (858) 492-5082 Sharon B. Spivak - Deputy City Attorney




* ITEM-147: Jerry Magee Day.

COUNCIL PRESIDENT PETERS’ AND COUNCILMEMBER MAIENSCHEIN’SRECOMMENDATION:



Commending Jerry Magee for his exceptional and professional commitment toexcellence in sports journalism; Proclaiming October 29, 2008, as “Jerry Magee Day” in the City of San Diego.




* ITEM-148: Water Department Heroes Day.

COUNCIL PRESIDENT PETERS’ RECOMMENDATION:



Commending Michael Smith, David Koonce, and Chris Mondestin for theirselfless and heroic efforts; Proclaiming October 16, 2008, as “Water Department Heroes Day” in the City ofSan Diego.



* ITEM-149: Sanford Consortium of Regenerative Medicine Day.




Commending the success of the Sanford Consortium for Regenerative Medicineand its dedication to improving the lives of others through scientific discovery; Proclaiming November 18, 2008, as “Sanford Consortium of RegenerativeMedicine Day” in the City of San Diego.




* ITEM-150: Kathleen Finn Day.

COUNCILMEMBER ATKINS’ RECOMMENDATION:



Commending and thanking Kathleen Finn for the contributions she has made tothe City of San Diego’s Talmadge Community; Proclaiming October 11, 2008, as “Kathleen Finn Day” in the City of San Diego.

FILE LOCATION: AGENDA




* ITEM-151: Michael Dudley Day.




Commending Michael Dudley for the contributions he has made to the City ofSan Diego’s HIV/AIDS-afflicted community; Proclaiming October 21, 2008, as “Michael Dudley Day” in the City of SanDiego.



* ITEM-152: George W. Marston Day.




Commending George W. Marston for the contributions he made to San Diego’sjewel – Balboa Park; Proclaiming October 28, 2008, to be “George W. Marston Day” in the City of SanDiego.




* ITEM-153: The Thursday Club Day.




Commending The Thursday Club for the contributions it has made to San Diego’sjewel – Balboa Park; Proclaiming October 28, 2008, to be “The Thursday Club Day” in the City of SanDiego.




* ITEM-154: Brian Schoenfisch Day.

COUNCILMEMBER MAIENSCHEINS RECOMMENDATION:



Proclaiming October 29, 2008, as “Brian Schoenfisch Day” in the City of SanDiego.



* ITEM-155: Marie Graver Day.

COUNCILMEMBER MAIENSCHEIN’S RECOMMENDATION:



Proclaiming November 19, 2008, as “Marie Graver Day” in the City of SanDiego.




* ITEM-156: Clairemont’s Official Birthday.

COUNCILMEMBER FRYE’S RECOMMENDATION:



Proclaiming October 16, 1950, to be Clairemont’s official birth date from this dayforward, and shall be celebrated annually on the third Sunday in October; Proclaiming October 16, 1950, as “Clairemont’s Official Birthday” in the City ofSan Diego.




* ITEM-157: Cyber Security Awareness Month.

COUNCIL PRESIDENT PRO TEM MADAFFER’S RECOMMENDATION:



Encouraging the citizens of San Diego to learn about cyber security and to putthat knowledge into practice in their homes, schools, workplaces, and businessesand proclaiming October 2008, as “Cyber Security Awareness Month” in the Cityof San Diego.



* ITEM-158: Declaring a Continued State of Emergency Regarding the Wildfires.




Declaring a continued state of emergency to exist in the City of San Diego due tothe wildfires which began on October 21, 2007, pursuant to CaliforniaGovernment Code Section 8630; Declaring that the measures previously taken by the City Council in ResolutionNo. R-303098 shall continue to have full force and effect.


FILE LOCATION: GEN’L – State of Emergency Regarding the Wildfires COUNCIL ACTION: (Time duration: 10:14 a.m. – 10:16 a.m.)


* ITEM-159: Declaring a Continued State of Emergency Due to Severe Shortage of AffordableHousing in the City.


Adopt the following resolution: (R-2009-611) ADOPTED AS RESOLUTION R-304431 Declaring a Continued State of Emergency Due to Severe Shortage of AffordableHousing in the City of San Diego.

FILE LOCATION: GEN’L – State of Emergency Due to Severe

Shortage of Affordable Housing COUNCIL ACTION: (Time duration: 10:14 a.m. – 10:16 a.m.)



* ITEM-160: Declaring a Continued State of Emergency Regarding the Discharge of RawSewage from Tijuana, Mexico. (District 8.)



(R-2009-5) ADOPTED AS RESOLUTION R-304432 Declaring a Continued State of Emergency regarding the discharge of raw sewagefrom Tijuana, Mexico.

FILE LOCATION: GEN’L – State of Emergency Regarding the Discharge of

Raw Sewage from Tijuana, Mexico COUNCIL ACTION: (Time duration: 10:14 a.m. – 10:16 a.m.)


* ITEM-161: State of Local Emergency Declaration Regarding the Landslide on MountSoledad.




Declaring a continued state of emergency to persist relative to the landslide onMount Soledad, pursuant to California Government Code Section 8630; Declaring that the measures previous ly authorized by the City Council inResolution No. R-303041 shall continue to have full force and effect.


FILE LOCATION: GEN’L – State of Emergency Regarding the Landslide on Mount Soledad COUNCIL ACTION: (Time duration: 10:14 a.m. – 10:16 a.m.)


ITEM-207: Two actions related to Proposed Water Rate Increases to Offset the Increase inRates Charged by San Diego County Water Authority (CWA) and to Fund anIndirect Potable Reuse Demonstration Project.

(See Report to the City Council No. 08-167.)

STAFF’S RECOMMENDATION: Adopt the following resolutions: Subitem-A: (R-2009-619) ADOPTED AS RESOLUTION R-304434

Declaring that the proposed water rate increases, as referenced in the water ratetables contained within the Proposition 218 Notice and consistent with the Reportto City Council, are approved, as follows:

a. A water rate increase of 8.50% applied to all customer classes and tieredconsumption rates equally in order to offset the increase in the wholesalecost of water purchased by the City from CWA, effective January 1, 2009;and

b. A water rate increase of $0.20 per equivalent dwelling unit based upon

meter size as related to the increase in the wholesale cost of waterpurchased by the City from CWA, effective January 1, 2009;


c. A temporary water rate increase of 3.08% applied to all customer classesand tiered consumption rates equally in order to fund an Indirect PotableReuse Demonstration Project.


Declaring that based on the Report to the City Council, none of the revenue fromthe CWA pass through water rate increases will be used to fund capital projectsfor the expansion of the water system;

Declaring that the CWA pass-through water rate increases will allow the City tomaintain cost/revenue neutrality and to maintain consistency with the City’spreviously approved 4-year water rate plan; Declaring that water commodity rates will be temporarily increased for a periodof approximately 18 months starting January 1, 2009 in order to raise $10,711,000of additional revenue required to pay for the Project; Declaring based on the foregoing findings, the Council of the City of San Diegofinds that the water rate increases approved pursuant to Resolution Number R-________________ are exempt from the California Environmental Quality Act(CEQA) pursuant to Public Resources Code Section 21080(b)(8) and CEQAGuidelines Section 15273(a).

STAFF SUPPORTING INFORMATION:On April 24, 2008, the CWA Board of Directors (“CWA Board”) adopted the 2008 Long RangeFinancing Plan update, which included updates to CWA’s cost of water, capital improvementprogram, and other economic assumptions which would affect water purchase rates beingcharged to their participating agencies. On June 26, 2008, CWA staff made a presentation to theCWA Board disclosing the need for a rate increase based on the additional infrastructure,operations, maintenance, and water purchase costs. At that meeting the CWA Board approvedthe rate increase recommendation. As a result, on January 1, 2009, CWA will be increasing therates for water purchases to all their participating agencies, including the City of San Diego.


On January 1, 2009, the City intends to increase the currently effective Water system rates andfees across all customer classes in order to pass through the increased wholesale water purchasecosts from CWA. The commodity fee will increase by 8.50% per HCF of water usage for allcustomer classes and the base fee will increase by $0.20 per equivalent dwelling unit, based uponmeter size. For the typical single family residence customer using 14 HCF per month, the feeincreases due to the CWA pass-through costs will add approximately $3.31 to the monthly waterbill. This will be a 6.26% increase in the current water bill. At the July 28, 2008, meeting of the City Council, staff was directed to develop the rate increasenecessary to fund an Indirect Potable Reuse (IPR) Demonstration Project. On September 8, 2008,City staff returned to the City Council w ith a proposed Proposition 218 Notice which includedboth the rate increase associated with the CWA pass-through and a rate increase to fund the IPRDemonstration Project. At the September 8, 2008, City Council meeting, the City Councilauthorized the mailing of the Proposition 218 Noticing which outlined the proposed rateincreases related to the CWA pass-through and the IPR Demonstration Project. The Proposition218 Notices were mailed to property owners of record and City of San Diego water customers onOctober 1, 2008 and October 2, 2008. As outlined, the IPR demonstration project is estimated tocost $11,811,000. This amount includes costs for project management; the establishment of anIndependent Advisory Panel of sc ientific and technical experts to advise on the development andimplementation of the project; cost of design, construction, and equipment; conceptual design of


a conveyance pipeline; and a public outreach and education component. In order to fund thedemonstration project, an increase in the commodity rate for all water customers equally wouldbe required. This increase would be 3.08% if the previously described CWA pass-through increase was alsoapproved. In the event the CWA pass-through is not approved, a 3.26% increase to thecommodity charge would need to be applied to all customers equally in order to provide therevenue necessary to support the IPR demonstration project. The proposed increase wouldgenerate $10.7 million in revenue. The remaining $1.1 million in project costs will bereimbursed through a grant provided by Proposition 50 funding. FISCAL CONSIDERATIONS:The increased revenue from the approval of these actions will offset the increase in the cost ofpurchased water from CWA and fund the IPR Demonstration Project. PREVIOUS COUNCIL COMMITTEE ACTION:CWA rate increase: At the July 28, 2008, City Council meeting, the Water Department presentedinformation on the Proposition 218 Notice requirements for the CWA water rate increase. OnSeptember 8, 2008, staff presented a combined Proposition 218 notice to include the CWA ratesand rates for the IPR/RA Demonstration Project. Demonstration Project: The Water Reuse Study report was presented to the NR&C on July 26,2006. An evening public workshop, sponsored by NR&C, was held on October 27, 2006. Apresentation on the Water Reuse Study and Recycled Water Master Plan was made to the CityCouncil on October 29, 2007. At this meeting, the Council voted to receive the Water ReuseStudy Final Draft report and directed staff to develop a plan to implement the Reuse Study’s NC-3 strategy. The Mayor vetoed this action, and the City Council’s vote on this was reaffirmed onDecember 3, 2007. COMMUNITY PARTICIPATION AND PUBLIC OUTREACH EFFORTS:Proposition 218 notices were mailed on October 1, 2008 and October 2, 2008. KEY STAKEHOLDERS & PROJECTED IMPACTS:The Water Department’s customer base and property owners were mailed notice that the CityCouncil will hold a public hearing on November 17, 2008, to consider adoption of the proposedincrease to the existing water fees and rates. This notice also informed the customers how to register a protest against these rate increases. Ifadopted, the adjusted fees and rates would become effective January 1, 2009. Ruiz/Barrett


Staff: Rod Greek - (619) 980-5928 Raymond C. Palmucci - Deputy City Attorney


MOTION BY HUESO TO ADOPT. Second by Frye. Passed by the following vote: Peters-yea, Faulconer-yea, Atkins-yea, Young-not present, Maienschein-yea, Frye-yea,Madaffer-yea, Hueso-yea.

MOTION BY HUESO TO ADOPT THE PORTION RELATING TO THE INDIRECTPOTABLE REUSE. Second by Frye. Passed by the following vote: Peters-yea,Faulconer-nay, Atkins-yea, Young-nay, Maienschein-nay, Frye-yea, Madaffer-yea,Hueso-yea.

ITEM-210: Palladium at Aero, Project No. 148904. A Rezone of the property, General Planand Kearny Mesa Community Plan Amendment, Public Right-Of-Way Vacation,Vesting Tentative Map and Site Development Permit to subdivide and develop412 multiple family dwelling units and 5,190 square feet of commercialdevelopment on a 7.52 acre site located at 8655 Aero Drive. (Kearny MesaCommunity Plan Area. District 6.)

Matter of approving, conditionally approving, modifying or denying a Rezone ofthe property from the IP-2-1 Zone to the RM-3-9 Zone, General Plan and KearnyMesa Community Plan Amendment, Public Right-Of-Way Vacation, VestingTentative Map and Site Development Permit to subdivide and develop 412multiple family dwelling units and 5,190 square feet of commercial developmenton a 7.52 acre site located at 8655 Aero Drive within the Kearny MesaCommunity Plan.

*Unless otherwise noticed or stated on the record at the hearing, if an ordinance isapproved and introduced by the City Council, it will automatically be scheduledfor a hearing by the City Council for final passage at 10:00 a.m. on the Tuesdaytwo weeks after the subject hearing.


STAFF'S RECOMMENDATION: Take the following actions in Subitems A, C, D, and E, and introduce the ordinance in

subitem B:

Subitem-A: (R-2009-604) ADOPTED AS RESOLUTION R-304437 Certifying that the information contained in Mitigated Negative Declaration No.

148904 has been completed in compliance with the California EnvironmentalQuality Act of 1970 (California Public Resources Code Section 21000 et seq.) asamended, and the State guidelines thereto (California Administration CodeSection 15000 et seq.), that the report reflects the independent judgment of theCity of San Diego as Lead Agency and that the information contained in saidreport, together with any comments received during the public review process,has been reviewed and considered by the City Council;

Declaring that the City Council of the City of San Diego finds that project

revisions now mitigate potentially significant effects on the environmentpreviously identified in the Initial Study and therefore, that said MitigatedNegative Declaration, a copy of which is attached hereto and incorporated byreference, is hereby approved;

Declaring that pursuant to California Public Resources Code, Section 21081.6, the

City Council hereby adopts the Mitigation Monitoring and Reporting Program, oralterations to implement the changes to the project as required by this body inorder to mitigate or avoid significant effects on the environment, a copy of whichis attached hereto and incorporated herein by reference;

Directing the City Clerk to file a Noti ce of Determination (NOD) with the Clerk

of the Board of Supervisors for the County of San Diego regarding this project; Directing the City Attorney to prepare the appropriate resolutions according to

Section 40 of the City Charter.

Subitem-B: (O-2009-73) INTRODUCED, TO BE ADOPTED TUESDAY, DECEMBER 2, 2008

Changing 9.32 acres located at 8655 Aero Drive, within the Kearny MesaCommunity Plan Area, in the City of San Diego, California, from the IP-2-1 Zone


into the RM-3-9 Zone, as defined by San Diego Municipal Code Section131.0406; and repealing Ordinance No. O-18478 (New Series), adopted April 7, 1998, of the Ordinances of the City ofSan Diego insofar as the same conflict herewith; Directing the City Attorney to prepare the appropriate ordinance according toSection 40 of the City Charter.

Subitem-C: (R-2009-603) ADOPTED WITH DIRECTION AS RESOLUTION R-304438

Declaring that the City Council of the City of San Diego adopts the amendmentsto the Kearny Mesa Community Plan, a copy of which is on file in the Office ofthe City Clerk; Declaring that the City Council adopts and amends the General Plan for the Cityof San Diego to incorporate the above amended plan; Directing the City Attorney to prepare the appropriate resolutions according toSection 40 of the City Charter.

Declaring that the City Council of the City of San Diego adopts the findings with

respect to Vesting Tentative Map (VTM) No. 524641, including the waiver of therequirement to underground existing overhead utilities and Public Right-of-WayVacation No. 524640;

Declaring that said findings are supported by the minutes, maps, and exhibits, all

of which are herein incorporated by reference; Based on the Findings hereinbefore adopted by the Council of the City of San

Diego, VTM No. 524641 and Public Right-of-Way Vacation No. 524640, andgranting to Westcore Sandrock, LLC, Subdivider;

Declaring that pursuant to California Government Code Section 66434(g),

portions of Aero Drive and Sanrock Road, located within the project boundariesas shown in VTM No. 624641, shall be vacated, contingent upon the recordationof the approved final map for the project and that said Findings are supported bythe minutes, maps, and exhibits, all of which are herein incorporated by reference;


Sustaining the recommendation of the Planning Commission, for VTM No.524641 and Public Right-of-Way Vacation No 524640 and granting to WestcordSandrock, LLC, subject to the conditions attached hereto and made a part hereof;

Directing the City Attorney to prepare the appropriate resolutions according toSection 40 of the City Charter.

Subitem-D: (R-2009-601) GRANTED MAP/ADOPTED AS RESOLUTION R-304439

Declaring that the City Council of the City of San Diego adopts the findings with

respect to Vesting Tentative Map (VTM) No. 524641, including the waiver of therequirement to underground existing overhead utilities and Public Right-of-WayVacation No. 524640;


of which are herein incorporated by reference; Based on the Findings hereinbefore adopted by the Council of the City of San

Diego, VTM No. 524641 and Public Right-of-Way Vacation No. 524640, andgranting to Westcore Sandrock, LLC, Subdivider;

Declaring that pursuant to California Government Code Section 66434(g),

portions of Aero Drive and Sanrock Road, located within the project boundariesas shown in VTM No. 624641, shall be vacated, contingent upon the recordationof the approved final map for the project and that said Findings are supported bythe minutes, maps, and exhibits, all of which are herein incorporated by reference;

Sustaining the recommendation of the Planning Commission, for VTM No.

524641 and Public Right-of-Way Vacation No 524640 and granting to WestcordSandrock, LLC, subject to the conditions attached hereto and made a part hereof;

Directing the City Attorney to prepare the appropriate resolutions according toSection 40 of the City Charter.

Subitem-E: (R-2009-602) GRANTED PERMIT/ADOPTED WITH DIRECTION AS RESOLUTION R-304440


Declaring that the City Council of the City of San Diego adopts the findings withrespect to Site Development Permit (SDP) No. 524637


of which are herein incorporated by reference; Sustaining the recommendation of the Planning Commission, for SDP No.

524637 and granting to Westcore Sandrock, LLC, Owner/Permittee, under theterms and conditions set forth in the permit attached hereto and made a parthereof; Directing the City Attorney to prepare the appropriate resolutions according toSection 40 of the City Charter.

OTHER RECOMMENDATIONS:

Planning Commission on October 23, 2008, voted 4-2-1 to approve this project withspecific direction to improve the Streetscape Design Guidelines for Aero Drive. Ayes: Schultz, Ontai, Otsuji, NaslandNays: Golba, GriswaldNot Present: Smiley

The Kearny Mesa Planning Group voted, on September 17, 2008, 7-1-1 to approve the proposed actions.

On September 18, 2008, the Serra Mesa Community Planning Group voted 10-1-0 todeny the project.

STAFF SUPPORTING INFORMATION: REQUESTED ACTION:A Rezone, General Plan and Kearny Mesa Community Plan Amendment, Public Right-Of-WayVacation, Vesting Tentative Map and Site Development Permit to develop 412 apartment unitsand approximately 5,190 square feet of retail development on a 7.52 acre site located at 8655Aero Drive within the Kearny Mesa Community Plan. STAFF RECOMMENDATION:1. Certify Mitigated Negative Declaration 148904, and adopt the Mitigation Monitoring

and Reporting Program; and


2. Approve Rezone No. 524639, General Plan and Kearny Mesa Community PlanAmendment No. 524638, Public Right-Of-Way Vacation No. 524640, Vesting TentativeMap No. 524641, and Site Development Permit No. 524637.

EXECUTIVE SUMMARY:The General Plan and Kearny Mesa Community Plan Amendment would designate the site formultiple family unit residential use. The site, located immediately south of Montgomery Fieldalong Aero Drive, is adjacent to commercial, industrial and residential uses. The 7.52 acre site is at 8655 Aero Drive within the existing IP-2-1 Zone (proposed RM-3-9Zone) of the Kearny Mesa Community Plan. The proposed Palladium at Aero project would demolish the existing structures and develop a412 apartment unit project with 5,190 square feet of retail development on a 7.52 acre sitelocated at 8655 Aero Drive within the Kearny Mesa Community Plan. Forty-two units of theproposed 412 apartment units, or ten percent of the total dwelling units provided, would be setaside as affordable to persons earning no more than sixty-five percent of the area median income. The project would add to the availability of affordable work-force housing in the community andin the City at large. The project proposes two deviations: 1) to allow installation of photovoltaicpanels on structures on the roof deck of the parking garage to generate electricity and to shadethe parking structure roof deck in lieu of planting trees in containers on the deck, and 2) todeviate from the street side yard setback along Aero Drive to allow a setback of thirty feet ratherthan forty-six feet six inches. FISCAL CONSIDERATIONS: No fiscal impact. All costs associated with the processing of the application are recoveredthrough a deposit account funded by the applicant. PREVIOUS COUNCIL AND/OR COMMITTEE ACTION: None. COMMUNITY PARTICIPATION AND PUBLIC OUTREACH EFFORTS:The Kearny Mesa Community Planning Group voted, on September 17, 2008, 7:1:1 to approvethe proposed actions. On September 18, 2008, the Serra Mesa Planning Group voted 10:1:0 torecommend denial. On October 16, 2008, the Planning Commission heard public testimony anddiscussed the project. The Commission continued the item to October 23, 2008, to allow theapplicant time to revise the project design. On October 22, 2008, the Serra Mesa Planning Groupvoted a second time 5:2:0 to recommend denial. Per the Commissioner’s October 16 th. suggestions, the applicant revised the design which reducedthe height of the building to eliminate the request for a height deviation, revised the Site Plan to


open some of the courtyards to the street by creating visual and physical connections to thesidewalk, relocated the pool from the west to the east side of the site, and added photovoltaicpanels to structures on the roof deck of the parking structure. Along the west elevation thebuilding was revised to increase architectural interest by adding balconies and patios, created twoarchitectural styles, and opened an interior courtyard to the west. Along the east elevation thebuilding was lowered from four to three stories and lowered to two stories at the southeast corner,created two architectural styles by the use of detailing, and opened an interior courtyard to thesidewalk along Sandrock Road. Along the north elevation the building was altered to visuallyopen an interior courtyard to the Aero Drive sidewalk. The south elevation was not altered. The applicant also proposed evergreen and deciduous tree species for the plant palette along thesoutherly property line with an undulating tree placement to avoid a linear line of trees. OnOctober 23, 2008, the Planning Commission again heard the item and took public testimony infavor and in opposition. At the conclusion of public testimony and discussion by theCommissioners, the Commission made a motion to move Staff’s recommendation and to directstaff and the applicant to continue to improve the content of the Urban Design, Streetscape andStreetyard Guidelines for Aero Drive. The improvements would address: entry points intoKearny Mesa and Serra Mesa communities; irrigation and plant palette coordination to assurecompatibility; no monoculture tree species along Aero Drive to assure viability, health, interest,walkability and pedestrian experience. And lastly, medians in the right-of-way less than sevenfeet wide should explore materials more agreeable to the environment other than concrete andmedians fourteen feet in width should integrate the design of the median and parkway planting toslow traffic to create a safer environment. The motion passed by a vote of 4:2:0. KEY STAKEHOLDERS: Westcore Sandrock, LLC Broughton/Anderson/JF

LEGAL DESCRIPTION: The site is located at 8655 Aero Drive within the Kearny Mesa Community Plan Area (Lots 3, 4and 5 of Research Park Subdivision Addition, Map No. 6386, filed June 12, 1969). The site isnot included on any Government Code Listing of hazardous waste sites.

NOTE: October 2008 Update:Several corrections/additions have been made to the environmental document that donot effect the analysis or conclusions . The changes are shown in standardstrikeout/underline format.

Staff: John Fisher – (619) 446-5231


Nina Fain – Deputy City Attorney NOTE: This item is not subject to the Mayor’s veto. FILE LOCATION: SUBITEMS A, C & E: MEET SUBITEM B: NONE SUBITEM D: STRT-J-2993 (39) COUNCIL ACTION: (Time duration: 11:36 a.m. – 12:00 p.m. 2:08 p.m. – 2:26 p.m.)

MOTION BY FRYE TO REMOVE APPENDIX A FROM THE KEARNY MESACOMMUNITY PLAN AMENDMENT, STREETSCAPE DESIGN GUIDELINES, OFSUBITEM C UNITL IT HAS BEEN THOROUGHLY REVIEWED BY THE SERRAMESA AND KEARNY MESA COMMUNITY PLANNING GROUPS; AND TOBRING BACK TO THE CITY COUNCIL IN FEBRUARY OR MARCH OF 2009. Second by Madaffer. Passed by the following vote: Peters-yea, Faulconer-yea, Atkins-yea, Young-yea, Maienschein-yea, Frye -yea, Madaffer-yea, Hueso-not present.

Motion by Frye to not approve the resolutions in Subitems A, C, D and E, and notintroduce the ordinance in Subitem B. Return the project to the applicant to reduce thescale of the project and return to Council at a later date. Second by Young. Failed. Yeas – 4, 6; Nays – 1, 2, 3, 5, 7, 8.

MOTION BY MADAFFER TO ADOPT THE RESOLUTIONS IN SUBITEMS A, C, D AND E, AND TO INTRODUCE THE ORDINANCE IN SUBITEM B AS FOLLOWS: 1) CERTIFY THE MITIGATED NEGATIVE DECLARATION; ADOPT THE MITIGATION MONITORING AND REPORTING PROGRAM WITH APPROPRIATE FINDINGS; 2) APPROVE THE GENERAL PLAN AND KEARNY MESA COMMUNITY PLAN AMENDMENT WITH DIRECTION TO EXCLUDE APPENDIX A; 3) GRANT THE PUBLIC RIGHT-OF-WAY VACATION AND THE VESTING TENTATIVE MAP; 4) GRANT THE SITE DEVELOPMENT PERMIT WITH DIRECTION TO HAVE CONDITIONS 46 AND 47 DELETED AND INCLUDE A MINIMUM OF 50% OF USEABLE ROOF AREA SHALL BE USED FOR PHOTOVOLTAIC PANELS TO GENERATE ELECTRICITY FOR USE IN THE COMMON AREA; AND 5) APPROVE THE REZONE. Second by Hueso. Passed by the following vote: Peters-yea, Faulconer-yea, Atkins-yea, Young-nay, Maienschein-yea, Frye-nay, Madaffer-yea, Hueso-yea.


ITEM-330: Requiring Automated External Defibrillators in Specified NewlyConstructed Buildings. (Citywide.) (Maureen O’Connor’s October 16, 2008, memorandum regarding StatisticalInformation; Maureen O’Connor’s October 16, 2008, memorandum regardingExpected Costs; San Diego Project Heart Beat’s Pricing Rates; City Attorney’sDraft Ordinance; AED Scope/Applicability.)

TODAY’S ACTION IS: Introduce the following ordinance:

(O-2009-28 Cor. Copy) INTRODUCED AS AMENDED WITH

DIRECTIONS, TO BE ADOPTED TUESDAY, DECEMBER 2, 2008

Introduction of an Ordinance amending Chapter 14, Article 05, of the San DiegoMunicipal Code by adding Division 39, titled Automated External Defibrillators,and by adding Sections 145.3901, 145.3905, 145.3910, 145.3915, 145.3920,145.3925, 145.3930, and 145.3935, all related to requirements for AutomatedExternal Defibrillators in Certain Newly Constructed Buildings.

RULES, OPEN GOVERNMENT, AND INTERGOVERNMENTAL RELATIONSCOMMITTEE’S RECOMMENDATION: On 10/22/2008, Rules voted 5 to 0 to send this item forward to the full City Council with norecommendation, and to ask the City Attorney to incorporate the comments of the committeemembers into the ordinance. (Councilmembers Peters, Young, Frye, Madaffer, and Hueso votedyea.)

SUPPORTING INFORMATION: Sudden Cardiac Arrest (SCA) is leading cause of death in this country with nearly 325,000victims each year nationwide with two thirds of those deaths occurring without any priorindications of heart disease. SCA is an electrical problem, whereby arrhythmia prevents the heartfrom pumping blood to the brain and vital organs. Victims need to receive defibrillation fromAutomated External Defibrillators (AED’s) within five minutes for best chance of survival.



The San Diego region currently has 4,000 AED units placed in private and public facilities with52 victim’s lives saved to date. The purpose of this ordinance is to expand the presence of AED’s and decrease medical responsetime to victims of SCA to make a significant lifesaving difference. AED devices have beendemonstrated to be safe and effective, even when used by laypeople, since the devices aredesigned not to allow a user to administer a shock until after the device has analyzed the victim’sheart rhythm and determined that an electric shock is required. Certain newly constructed buildings would be required to have an AED installed based onoccupancy load levels to optimally achieve a three minute response time to travel to person inneed. Occupancy load threshold was determined by load factors in California Building Code.Development Services staff would issue the Certificate of Occupancy once inspection shows theAED requirement has been met. This ordinance complies with current state law which dictates the requirements of AED useincluding a training component, annual maintenance, and user liability immunity. The State ofCalifornia required AED training and maintenance is a self certification process after installation. If the state Good Samaritan Law is extended or made permanent, the ordinance will remain ineffect as long as the state law provides limits on liability. FISCAL CONSIDERATIONS: None. PREVIOUS COUNCIL AND/OR COMMITTEE ACTION:On July 16, 2008: Rules Committee held a workshop on the proposal to require AED’s incertain new construction. ACTION: Motion by Councilmember Frye, second by Council President Pro Tem Madaffer, todirect the City Attorney and the Development Services Department to work together to draft theordinance, address the comments and concerns of the Committee, and return to the RulesCommittee on September 17, 2008. VOTE: 4-0; Madaffer-yea, Peters-yea, Frye-yea, Hueso-yea, Young-not Present September 17, 2008: Rules Committee heard an informational update from the DevelopmentServices Department and City Attorney regarding the Ordinance Proposed by Council PresidentPro Tem Madaffer requiring AED’s in certain new construction. VOTE: Info only. No vote was taken.



On October 22, 2008: Rules Committee heard a report from the Development ServicesDepartment and the City Attorney the regarding the Proposed Ordinance for mandatory AEDs incertain new construction. ACTION: Motion by Council President Peters, second by Council President Pro Tem Madaffer,to send the item to the full City Council with no recommendation, and to ask the City Attorney toincorporate the comments of the committee members into the ordinance. VOTE: 5-0; Madaffer-yea, Peters-yea, Frye-yea, Hueso-yea, Young-yea COMMUNITY PARTICIPATION AND PUBLIC OUTREACH EFFORTS: Workshop for stakeholders held by City on September 30, 2008. KEY STAKEHOLDERS AND PROJECTED IMPACTS:Building Owners and Managers, National Association of Industrial and Office Properties. FiscalImpacts are considered to be approximately $2,000 per AED including training and annualmaintenance. Lowe

FILE LOCATION: NONE COUNCIL ACTION: (Time duration: 2:27 p.m. – 3 :21 p.m.)

MOTION BY MADAFFER TO INTRODUCE AS AMENDED TO INCLUDELANGUAGE UNDER SECTION 14.3915(C)(2), AUTOMATED EXTERNALDEFIBRILLATORS SHALL BE LOCATED SUCH THAT THE MAXIMUM LENGTHOF VERTICAL TRAVEL BETWEEN ANY TWO AUTOMATED EXTERNALDEFIBRILLATORS ON ANY TWO FLOORS WITH AN AUTOMATED EXTERNALDEFIBRILLATOR SHALL NOT EXCEED 450 FEET; WITH DIRECTIONS TOHAVE INTERGOVERNMENTAL RELATIONS STAFF PERSUE MAKING THEGOOD SAMARITAN LAW PERMANENT IN THE NEXT LEGISLATIVE SESSIONAND TO HAVE THE TECHNICAL ADVISORY COMMITTEE REVIEW THEISSUE. Second by Peters. Passed by the following vote: Peters-yea, Faulconer-yea,Atkins-yea, Young-yea, Maienschein-yea, Frye-yea, Madaffer-yea, Hueso-yea.


ITEM-331: Reconsideration of City Council Resolution regarding As-NeededAgreement for Community Outreach Services with Katz and Associates vetoed bythe Mayor on October 30, 2008.

(See Veto Memorandum from Mayor Sanders dated October 30, 2008.) Pursuant to San Diego Charter Section 285, the Council shall reconsider

Resolution R-2009-251, passed by City Council with a Unanimous vote onOctober 14, 2008, Item 102, which was vetoed by the Mayor on October 30,2008. If after such reconsideration, at least five members of the Council vote infavor of passage, the resolution shall become effective notwithstanding theMayor’s veto.



(R-2009-251) CONTINUED TO MONDAY, NOVEMBER 24, 2008

Authorizing the Mayor, or his designee, to execute, for and on behalf of the City,an Agreement with Katz and Associates, for As-Needed Consultant Servicesrelated to community outreach services for the Engineering and Capital ProjectsDepartment in an amount not to exceed $500,000, under the terms and conditionsset forth in the Memorandum of Agreement (MOA); Authorizing the expenditure of an amount not to exceed $1,000 from CapitalOutlay Fund 302453, CIP-37-064.0, Annual Allocation - Americans withDisability Act (ADA) Improvements for services to Bird Rock Elementary SchoolADA Upgrades, solely and exclusively, for the purpose of providing funds for theabove MOA and related costs, provided that the City Comptroller first furnishesone or more certificates certifying that the funds are, or will be, on deposit withthe City Treasurer; Authorizing the City Auditor and Comptroller, upon advice from theadministering department, to transfer excess budgeted funds, if any, to theappropriate reserves;



Declaring that this activity is not a “project” and is therefore not subject to theCalifornia Environmental Quality Ac t (CEQA) pursuant to State CEQAGuidelines Sections 15060(c)(3) and 15378(b)(5).

STAFF SUPPORTING INFORMATION: The City currently does not have the capacity to perform community outreach services forvarious projects. A qualified and licensed consultant is being retained to provide this service. TheCity advertised the Contract and issued the Request for Proposal for As-Needed CommunityOutreach Services Agreement on August 20, 2007 in the San Diego Daily Transcript and in theCity’s website for bid and contract opportunities. Six (6) firms were short-listed to beinterviewed by the interview/selection panel based on their proposal and evaluation criteria in therequest for proposal. On January 28-30, 2008, the short-listed firms were interviewed by the interview/selection panel.Katz and Associates was selected as one of two firms highly qualified following a competitiveselection and procurement process completed in accordance with the policies, procedures andguidelines in the City Council Policy 300-7, Consultant Services Selection, and the City’sAdministrative Regulation 25.70 on hiring of consultants other than Architects and Engineers.The City will utilize the expertise of Katz and Associates in construction relations, mediarelations, community outreach, informational materials, in a timely and efficient manner. Katzand Associates has the expertise, experience and personnel necessary to provide the professionalservices on an as-needed, hourly fee basis. The City will pay Katz and Associates forperformance of all Professional Services rendered in accordance with the Agreement, in anamount not to exceed $500,000. Katz and Associates have no Subconsultants. EQUAL OPPORTUNITY CONTRACTING:Funding Agency: City of San DiegoGoals: 15% Voluntary (MBE/WBE/DBE/DVBE/OBE)Subconsultant Participation: $000,000 Certified Firms (00.0%)

$000,000 Other Firms (00.00%)Other: Workforce Report Submitted - Equal Opportunity Plan required. Staff will

monitor plan, and adherence to the Nondiscrimination Ordinance. FISCAL CONSIDERATIONS:The City will pay Katz and Associates for performance of all professional services rendered inaccordance with this Agreement, in an amount not to exceed $500,000. The City agrees to issueat least one Task Order with a minimum aggregate value of $1,000 to Katz and Associates.


Funding for the minimum guarantee amount of $1,000 will come from CIP-37-064.0, AnnualAllocation - Americans with Disability Act (ADA) Improvements, Fund 302453, Capital Outlay,for the purpose of executing this Agreement. Future tasks will be funded from various CityDepartment’s budget. PREVIOUS COUNCIL AND/OR COMMITTEE ACTIONS:On October 14, 2008, City Council passed Resolution R-2009-251, Item 102, with a Unanimousvote. The item was vetoed by the Mayor on October 30, 2008. COMMUNITY PARTICIPATION AND PUBLIC OUTREACH EFFORTS:Katz and Associates is being retained to provide these services for the Engineering and CapitalProjects Department. KEY STAKEHOLDERS AND PROJECTED IMPACTS (if applicable):Upon approval of the Agreement, Katz and Associates could receive up to $500,000. Boekamp/Jarrell Aud. Cert. 2900150. Staff: James Nagelvoort - (619) 533-5110

Pedro De Lara, Jr. - Deputy City Attorney FILE LOCATION: NONE COUNCIL ACTION: (Time duration: 3:31 p.m. – 3:38 p.m.)

MOTION BY HUESO TO CONTINUE TO MONDAY, NOVEMBER 24, 2008, FORFURTHER REVIEW. Second by Frye. Passed by the following vote: Peters-yea,Faulconer-yea, Atkins-yea, Young-yea, Maienschein-yea, Frye-yea, Madaffer-notpresent, Hueso-yea.


ITEM-332: Neighborhood Stabilization Program – Plan Adoption forSubmittal to the U.S. Department of Housing and Urban Development (HUD). (Districts 3, 4, 6, 7, 8 and Citywide.) (See San Diego Housing Commission Report LUH-08-007.)



(R-2009-626 Corr. Copy) ADOPTED WITH DIRECTION AS RESOLUTION R-304441

Accepting the Neighborhood Stabilization Program (NSP) entitlement funds fromthe U.S. Department of Housing and Urban Development (HUD), as a grantee, inthe amount of $9,442,370, for the purpose of acquiring, rehabilitating, and the re-sale of foreclosed or vacated/abandoned residential properties within a targeted“greatest needs” area(s) in the City of San Diego; Authorizing the City Comptroller to appropriate and expend the NSP funds in theamount of $9,442,370 from HUD, contingent upon certification of fundsavailability by the City Comptroller; Adopting the Neighborhood Stabilization Program (NSP) Plan and adopting theresolution in order for the Plans’ submittal to HUD be accomplished by theDecember 1, 2008 deadline; Declaring that the Mayor or his designee may submit the Plan to HUD with anyrequired affiliated documents.

LAND USE AND HOUSING COMMITTEE’S RECOMMENDATION: On 10/29/2008, LU&H voted 4 to 0 to forward this item to the full City Council. (Councilmembers Atkins, Maienschein, Madaffer, and Hueso voted yea.)



SUPPORTING INFORMATION: On September 26, 2008, the U.S. Department of Housing and Urban Development (HUD)allocated a total of $3.92 billion to all states in particularly hard-hit areas trying to respond to theeffects of high foreclosures. HUD’s new Neighborhood Stabilization Program (NSP) willprovide targeted emergency assistance to state and local governments to acquire and redevelopforeclosed properties that might otherwise become sources of abandonment and blight withintheir communities. The City of San Diego, as a grantee, is anticipated to receive $9,442,370 in funding once the Citysubmits a plan to HUD. This plan is submitted in the form of a Substantial Amendment to theCity’s FY09 Action Plan and is due to HUD no later than December 1, 2008. Funds are expectedto be available by February 2009, must be fully obligated by June 30, 2010, and expended nolater than December 31, 2012. The City of San Diego’s allocation was determined based uponthe number/percent of foreclosures, subprime mortgages and mortgage defaults and delinquencies. HUD took a data driven approach to this process, relying on numerous data setsfrom government agencies and private sources. The funding is provided through HUD’s Community Development Block Grant (CDBG)Program under the Housing and Economic Recovery Act of 2008. The intention of NSP funds isto purchase foreclosed homes at a discount (an aggregate of 15% below current appraised value)and to rehabilitate or redevelop them in order to respond to rising foreclosures and falling homevalues. Grantees can accomplish the intent through such activities as: acquisition of land andproperty; demolish or rehabilitate abandoned properties; and/or to offer down payment andclosing cost assistance to low- to moderateincome homebuyers (household incomes not exceed120% of area median income (AMI)). In addition, HUD states NSP could also be used to create“land banks” ie: assembling, temporarily managing, and disposing of vacant land for the purposeof stabilizing neighborhoods and encouraging re-use or redevelopment of urban property. Due to the significant time constraints for grantees to utilize the funds (18 months), City staff inconjunction with the Housing Commission, recommends the City’s Substantial Amendment forNSP is limited to the following activities: financing mechanism (down payment and closing costassistance); acquisition rehabilitation and rental for households earning up to 50% AMI (required25% of NSP funds); redevelop demolished or vacated properties; homebuyer educationcounseling; and program management (10% to cover planning, reporting and staffing theprogram. FISCAL CONSIDERATIONS:There is no net fiscal impact from this action.


PREVIOUS COUNCIL AND/OR COMMITTEE ACTION:Land Use and Housing Committee (October 29, 2008) - the San Diego Housing Commission’sproposal for the NSP funds was approved by the committee. COMMUNITY PARTICIPATION AND PUBLIC OUTREACH EFFORTS:This public hearing for the NSP Plan was noticed in the San Diego Union Tribune newspaperfrom October 31, 2008 through November 17, 2008. The information was also posted on the Cityof San Diego’s website (www.sandiego.gov/cdbg). KEY STAKEHOLDERS AND PROJECTED IMPACTS:Residents of low and moderate income communities, community-based organizations,community planning groups, and other community development organizations. Kessler/Anderson Staff: Scott Kessler - (619) 236-6421. Paul F. Prather - Deputy City Attorney FILE LOCATION: MEET COUNCIL ACTION: (Time duration: 3:49 p.m. – 5:03 p.m.)

MOTION BY HUESO TO ADOPT WITH DIRECTION TO HAVE THE HOUSINGCOMMISSION RETURN TO COUNCIL WITHIN 60 DAYS WITH ACOMPREHENSIVE STRATEGY AND PROPOSAL. Second by Atkins. Passed by thefollowing vote: Peters-yea, Faulconer-yea, Atkins-yea, Young-yea, Maienschein-yea,Frye-yea, Madaffer-yea, Hueso-yea.

http://www.sandiego.gov/cdbg)


ITEM-333: Sale of City Owned Property to Anna Avenue Associates, LLC, andExecution of Grant of Easement and Grant Deed. (Morena Community Area. District 6.)

STAFF’S RECOMMENDATION:Adopt the following resolution:


Authorizing the Mayor, or his designee, to execute a grant of easement, for and onbehalf of the City of San Diego, conveying to San Diego Gas & Electric(SDG&E) an easement for the purpose of a 2,920 square-foot undergroundeasement, more particularly described in said Easement on file in the Office of theCity Clerk; Authorizing the Mayor, or his designee, to execute a Real Estate Purchase andSale Agreement, and execute a Grant Deed, for conveyance of 30,200 square-footparcel (APN 436-660-09, 10, and 34) in fee title to Anna Avenue Associates,LLC, more particularly described in said Grant Deed on file in the Office of theCity Clerk; Authorizing the City Comptroller to accept $14,600 from San Diego Gas &Electric and accept $25,000 from Anna Avenue Associates, LLC and deposit$14,600 and $25,000 into Capital Outlay Fund 302453 for a total of $39,600.

STAFF SUPPORTING INFORMATION:SDG&E recently installed the Otay-Metro Power Link underground electric transmission line.Through inadvertence, a section of the line was installed under a portion of unimproved Cityland located in the Linda Vista area, adjacent to MTS railway and Anna Avenue. SDG&E willrequire an easement from the City for the future maintenance and repair, etc. of the line. In conjunction with an application for a street vacation, Anna Avenue Associates, LLC hasoffered to purchase City property located west of Mid City-MTDB and AMTRAK railroad right-of-way, north of the San Diego River Levy and east of Pacific Highway. The three (3)parcel site, (APN 436-660-09, 10, and 34) consisting of 30,200 square-feet (.69 acres) isencumbered with a complex series of intertwined utility easements.



Because of unusual limitations and encumbrances, the property cannot be improved with anybuildings or structures. The only practical use the property is for surface vehicle parking. AnnaAvenue Associates, LLC, the adjacent property owner, houses John Smith’s Grading Co., whoproposes to use this area for parking construction vehicles. Anna Avenue Associates, LLCproposes to make significant improvements to the property, including regrading for access, tocorrect drainage and improvements allowing for fire equipment access and turn around. FISCAL CONSIDERATIONS:$25,000 to the City for sale of property deposited into General Capital Outlay Fund 302453.$14,600 for sale of easement to San Diego Gas & Electric Co. deposited into General CapitalOutlay Fund 302453. PREVIOUS COUNCIL AND/OR COMMITTEE ACTION: None. COMMUNITY PARTICIPATION AND PUBLIC OUTREACH EFFORTS: None. KEY STAKEHOLDERS AND PROJECTED IMPACTS (if applicable):Sale of excess City land to benefit the Capital Outlay Fund. Barwick/Anderson Staff: Lane Mackenzie - (619) 236-6050 Todd Franklin Bradley - Deputy City Attorney FILE LOCATION: DEED F-10305 COUNCIL ACTION: (Time duration: 11:35 a.m. – 11:36 a.m.)

MOTION BY HUESO. Second by Madaffer. Passed by the following vote: Peters-yea,Faulconer-not present, Atkins-not present, Young-yea, Maienschein-not present, Frye-yea, Madaffer-yea, Hueso-yea.


ITEM-334: Selection of a Council President for Calendar Year 2009. (See memorandum from Council Pres ident Peters dated 11/3/2008, andmemorandum from Councilmembers Faulconer, Maienschein, and Frye dated11/3/2008.)


Take the following actions: (R-2009- ) CONTINUED TO MONDAY, DECEMBER 8, 2008

Council is asked to consider the matter of selecting a Council President forCalendar Year 2009, and to take such ac tions as the Council deems appropriate.These actions may include: 1. Select a new Council President for Calendar Year 2009;2. Select an Interim Council President until a date certain;3. Continued the matter of selection of a Council President for Calendar Year

2009 to a later date.

Directing the City Attorney to prepare the appropriate resolutions and/orordinances in accordance with Charter Section 40.

FILE LOCATION: NONE COUNCIL ACTION: (Time duration: 3:21 p.m. – 3:31 p.m.)

MOTION BY HUESO TO CONTINUE TO MONDAY, DECEMBER 8, 2008, AT 2:00 P.M. TO ALLOW THE NEW COUNCIL MEMBERS TO PARTICIPATE IN THESELECTION PROCESS AND TO DESIGNATE COUNCIL MEMBER YOUNG TOCHAIR THE MEETING. Second by Young. Passed by the following vote: Peters-yea,Faulconer-yea, Atkins-not present, Young-yea, Maienschein-yea, Frye-yea, Madaffer-yea, Hueso-yea.



ITEM-335: Archstone Mission Gorge, ProjectNo. 142570. Affordable/In-Fill Housing Expedite Program project for thediscontinuance and demolition of an existing 119 unit mobile home park andconstruction of a 444 unit residential rental condominium complex on a 10.2-acresite located at 6850 Mission Gorge Road in the Navajo Community Planning area. (Navajo Community Plan Area. District 7.)

Matter of approving, conditionally approving, modifying or denying a General

Plan and Land Use Plan Amendment (Navajo Community Plan) and Rezone toremove the site from the Mobile Home Park Overlay Zone; a Site DevelopmentPermit for deviations from the applicable development regulations, fordevelopment on a premise containing environmentally sensitive lands (ESL), andfor discontinuance of the mobile home park within the Mobile Home ParkOverlay Zone; a Vesting Tentative Map for condominium development; and anEasement Abandonment to vacate the existing easements to demolish an existing119 unit mobile home park and construct a 444 unit residential condominium (forrent) complex on a 10.22-acre site.

As a component of the application, the proposed project will conform to the

Inclusionary Affordable Housing Requirements and Council Policy 600-27(A)criteria for the Affordable/In-Fill Housing Expedite Program by setting aside atleast 10 percent of the units on-site for households with an income at or below 65percent Area Median Income (AMI) for rental units. However, the applicant isproposing an additional 10 percent of the total rental condominium units on-sitefor moderate income households for a total of 20 percent on-site affordable rentalcondominium units. The project site is located at 6850 Mission Gorge Road in theRM-3-7 Zone within the Navajo Community Planning Area, Community PlanImplementation Overlay Zone (CPIOZ) Area B, Mobile Home Park Overlay Zone(MHPOZ), Federal Aviation Administration (FAA) Part 77 Noticing Area forMontgomery Field, and Council District 7.

Unless otherwise noticed or stated on the record at the hearing, if anordinance is approved and introduced by the City Council, it willautomatically be scheduled for a hearing by the City Council for finalpassage at 10:00 a.m. on the Tuesday two weeks after the subject hearing.

(See Report to the Planning Commission No. PC-08-084/Envinronmental Impact

Report No. 142570/SCH No. 2008021145/MMRP/Amendments to the GeneralPlan and Land Use Plan (Navajo Community Plan) No. 498721/Site Development



Permit No. 498703/Vesting Tentative Map No. 498719/Easement AbandonmentNo. 589137/Rezone No. 586364.)


Adopt the resolutions on subitems A, B, C and D, and introduce the ordinance onsubitem E:

Subitem-A: (R-2009-525 Corr. Copy) ADOPTED AS RESOLUTION R-304442

Adoption of a Resolution certifying that the information contained in

Environmental Impact Report No. 142570/SCH No. 2008021145, in connectionwith the Community Plan Amendment, Rezone, Easement Abandonment, VestingTentative Map, and Site Development Permit/Project No. 142570 has beencompleted in compliance with the California Environmental Quality Act of 1970(California Public Resources Code Section 21000et seq.), as amended, and theState guidelines thereto (California Administrative Code Section 15000 et seq.),that the report reflects the independent judgment of the City of San Diego as LeadAgency and that the information contained in said Report, together with anycomments received during the public review process, has been reviewed andconsidered by the City Council;

That pursuant to California Publ ic Resources Code Section 21081 and

Administrative Code Section 15091, the City Council hereby adopts the Findingsmake with respect to the project, a copy of which is attached hereto andincorporated herein by reference;

That pursuant to California Administ rative Code Section 15093, the City Council

hereby adopts the Statement of Overriding Consideration, a copy of which isattached hereto and incorporated herein by reference, with respect to the project;

That pursuant to California Resources Code, Section 21081.6, the City Council

hereby adopts the Mitigation Monitoring and Reporting Program, or alterations toimplement the changes to the project as required by this body in order to mitigateor avoid significant effects on the environment, a copy of which is attached heretoand incorporated hereby by reference;

That the City Clerk is directed to file a Notice of Determination (NOD) with the

Clerk of the Board of Supervisors for the County of San Diego regarding theabove project.


Subitem-B: (R-2009-526) ADOPTED WITH DIRECTION AS RESOLUTION R-304443

Adoption of a Resolution adopting the amendments to the Land Use Plan (Navajo

Community Plan), a copy of which is on file in the Office of the City Clerk; That the Council adopts the amendment to the General Plan for the City of San

Diego to incorporate the above amended plan.

Subitem-C: (R-2009-528 Rev. Copy 2) GRANTED PERMIT AS AMENDED/ ADOPTED AS RESOLUTION R-304444 Adoption of a Resolution certifying findings and supported by the minutes, maps

and exhibit, all of which are herein incorporated by reference with respect to SiteDevelopment Permit No. 498703;

That the recommendation of the Planning Commission is sustained, and Site

Development Permit No. 498703 is grated to ASN MISSION GORGE, LLC, ADelaware Limited Liability Company, Owner/Permittee, under the terms andconditions set forth in the permit attached hereto and made a part hereof.

Subitem-D: (R-2009-527 Rev. Copy 1) GRANTED MAP/ADOPTED AS

RESOLUTION R-304445 Adoption of a Resolution approving Vesting Tentative Map No. 498719 and

Easement Abandonment No. 589137 for Archstone Mission Gorge-Project No.142570;

Certifying findings supported by the minutes, maps, and exhibits, all of which are

herein incorporated by reference, with respect to Vesting Tentative Map No.498719 and Easement Abandonment No. 589137;

That pursuant to California Government Code section 66434(g), the public

service easements, located within the project boundaries as shown in VestingTentative Map No. 498719, shall be vacated, contingent upon the recordation ofthe approved final map for the project;

That Vesting Tentative Map No. 498719 and Easement Abandonment No.

589137, is granted to ASN Mission Gorge LLC, a Delaware Limited LiabilityCompany, Applicant/Subdivider and Rick Engineering Company, Engineer,


subject to the attached conditions which are made a part of this resolution by thisreference.

Subitem-E: (O-2009-64) INTRODUCED, TO BE ADOPTED TUESDAY,

DECEMBER 2, 2008

Introduction of an Ordinance of the Council of the City of San Diego changing11.34 acres located at 6850 Mission Gorge Road, within the Navajo CommunityPlan Area, in the City of San Diego, California, from the RM-3-7 (Mobile HomePark Overlay Zone) into the RM-3-7, as defined by San Diego Municipal CodeSection 131.0406; and repealing Ordinance No. O-15774 (New Series), adoptedJuly 12, 1982, of the Ordinances of the City of San Diego insofar as the sameconflict herewith.


Planning Commission on October 16, 2008, voted 4-1-2 to approve.

Ayes: Griswold, Ontai, Otsuji, GolbaNays: NaslundNot present: Schultz, Smiley

Navajo Community Planning Inc. has recommended denial of this project.

STAFF SUPPORTING INFORMATION: REQUESTED ACTION:Approval of the Archstone Mission Gorge project, a request for the discontinuance anddemolition of an existing 119 unit mobile home park and the construction of a 444 unitresidential rental condominium complex on a 10.2-acre site located at 6850 Mission Gorge Roadin the Navajo Community Planning area. STAFF RECOMMENDATIONS:1. CERTIFY Environmental Impact Report No. 142570, ADOPT the Mitigation Monitoring andReporting Program, and ADOPT the Findings and Statement of Overriding Consideration;

2. ADOPT Amendments to the General Plan, and the Land Use Plan (Navajo Community Plan)No. 498721;

3. APPROVE Site Development Permit No. 498703;


4. APPROVE Vesting Tentative Map No. 498719 and Easement Abandonment No. 589137; and 5. APPROVE Rezone No. 586364. EXECUTIVE SUMMARY:The proposed project site is located at 6850 Mission Gorge Road in the RM-3-7 Zone and isoverlain by the Mobile Home Park Overlay Zone. The proposed project site, occupying 10.2-acres, could accommodate 445 dwelling units based on the underling zone and 307 to 444dwelling units based on the community plan. The project proposes the discontinuance and demolition of an existing 119-space mobile homepark, and the construction of a 444-unit rental condominium complex of two-, three-, and four-story buildings, leasing facility, fitness facility, and club room that would wrap around a 5.5-level parking structure. The project would conform to the Inclusionary Housing Ordinance bysetting aside at least 10 percent of the total rental condominium units on-site for households withan income at or below 65 percent area median income (AMI). However, the applicant isproposing an additional 10 percent of the total rental condominium units on-site for moderateincome households (110 percent up to 140 percent AMI) for a total of 20 percent on-siteaffordable rental condominium units affordable for 55 years. The California Government Code (Section 65863.7) and the California Mobile Home ResidencyLaw within Civil Code Section 798.55 together establish a comprehensive plan regulating theprocedures, notice provision and mitigation measures required to close a mobile home park inCalifornia. The City’s Mobile Home Park Discontinuance and Tenant Relocation Regulations ofthe Municipal Code (Section 143.0610) set forth procedures for the conversion of an existingmobile home park or spaces to another use. In accordance with the regulations and the City’s Housing Commission Relocation Standardsand Procedures, the project applicant is following the established process for the discontinuanceof the existing mobile home park. A Mobile Home Park Relocation Impact Report was prepared,and approved by the City’s Housing Commission for conformance with the regulations. Theproject complies with the applicable sections of the Municipal Code and adopted City Councilpolicies. City staff has prepared resolutions, an ordinance, and the permit for the project andrecommends approval. FISCAL CONSIDERATION:All costs associated with the processing of this project are paid by the applicant.


COMMUNITY PARTICIPATION AND PUBLIC OUTREACH EFFORTS:On October 16, 2008, the Planning Commission recommended the City Council approve Staff’sRecommendation, as listed above, with the following two recommendations: 1) That the projectshall maintain the proposed 10 percent of the total rental condominium units on-site forhouseholds with an income at or below 65 percent AMI, and the proposed 10 percent of the totalrental condominium units on-site for moderate income households shall be increased to 15percent for a total of 25 percent on-site affordable rental condominium units. 2) That the projectshall include a photovoltaic system (i.e. solar panels) sufficient to generate the proposedcommon use area’s projected energy consumption. [The Motion made by CommissionerGriswold, second by Commissioner Golba. Passed by a 4-1-2 vote with Commissioner Naslundvoting NAY, and Commissioner Schultz and Smiley not present.] The applicant has agreed to therecommendation for the photovoltaic system; however, they have not agreed to therecommendation to increase the number of moderate income households units to 15 percent. A separate Advisory Motion was made by the Planning Commission for the City Council to lookinto a Policy that would preserve Affordable Housing and Senior Citizen Housing as a priorityobjective for the Community Plan updates. [Motion made by Commissioner Ontai, second byCommissioner Otsuji. Passed by a 5-0-2 vote, and Commissioner Schultz and Smiley notpresent.] On September 15, 2008, the Navajo Community Planners Inc. voted 9-3-0 to recommend denialof the project as presented. KEY STAKEHOLDERS:ASN Mission Gorge LLC, A Delaware Limited Liability Company, Owner/Applicant Broughton/Anderson/JP

LEGAL DESCRIPTION:The project site is located in the RM-3-7 (multi-family residential) zone and is designated formulti-family residential development at 30-43 dwelling units/acre (du/ac) as identified in theNavajo Community Plan (NCP).

NOTE: The City of San Diego as Lead Agency under CEQA has prepared and completedEnvironmental Impact Report No. 142570, dated September 24, 2008, and Mitigation,Monitoring and Reporting Program (MMRP) covering this activity.

Staff: Jeffrey A. Peterson – (619) 446-5237 Marianne Greene – Deputy City Attorney


NOTE: This item is not subject to the Mayor’s veto. FILE LOCATION: SUBITEMS A, B, C, & D: MEET SUBITEM E: NONE COUNCIL ACTION: (Time duration: 5:14 p.m. – 8:48 p.m.) Testimony in opposition by Homer Barrs, Arlene Wise, Jarvis Ross, Dan Soderberg, Dennis Holland, Len Berman, Ron Dunbar, William Cox, David Quinn, Tim Sheahan, Rick Fahmie, Katheryn Rhodes, Bill Hardesty and Debbie Gosch. Testimony in favor by Lovelyn Layug, Paul Robinson, Michael Sweeny, Mark Rawlins, Jason King, Randy Moss, Bodean Matheson, Ian Monteyro, Al Udwin, Gary London, Alan Pentico and Michael Walseth.


MOTION BY MADAFFER TO ADOPT THE RESOLUTIONS IN SUBITEMS A, B, C,AND D, AND TO INTRODUCE THE ORDINANCE IN SUBITEM E AS FOLLOWS:1) CERTIFY THE ENVIRONMENTAL IMPACT REPORT; ADOPT THEMITIGATION MONITORING REPORT PROGRAM AND ADOPT THE FINDINGSAND STATEMENT OF OVERRIDING CONSIDERATIONS; 2) ADOPT THEAMENDMENTS TO THE GENERAL PLAN AND THE LAND USE PLAN; 3)ADOPT THE REZONE ORDINANCE AND REMOVE THE OVERLAY ZONE; 4)GRANT VESTING TENTATIVE MAP; 5) GRANT SITE DEVELOPMENT PERMITAS AMENDED WITH THE LANGUAGE CHANGE REGARDINGINDEMNIFICATION CONDITIONS WITHIN THE TWO PERMITS; 6) APPROVEEASEMENT ABANDONMENT; 7) ALLOW TENANTS TO CHOOSE RELOCATIONOR BUY-OUT OPTION BASED ON THE UPDATED, HOUSING COMMISSIONAND HOUSING AND URBAN DEVELOPMENT 2009 FIGURES AND PROVIDESEVEN-YEAR RENTAL ASSISTANCE SUBSIDY; 8) ARCHSTONE SHALLCONTRIBUTE $581,351 TOWARD THE COST OF THE ALVARADO CANYONROAD REALIGNMENT PROJECT (T_12 OF THE CURRENT NAVAJOCOMMUNITY PUBLIC FACILITIES FINANCING PLAN). IN THE SECONDPHASE OF THE PROJECT, APPLICANT AGREES TO PROVIDE ACCESS TO THENEXT-DOOR PROPERTY TO MAINTAIN AN INTERNAL ELEMENT TO KEEPTRAFFIC OFF MISSION GORGE ROAD; 9) DESIGN TRAFFIC FLOW SO THATTHERE IS NO NEW TRAFFIC GOING INTO ALLIED GARDENS VIAGREENBRIER; 10) APPLICANT AGREES TO VOTE IN THE AFFIRMATIVE FORA LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT AND FOR ACOMMUNITY FUNDING DISTRICT TO FUND THE FREE GRANTVILLESHUTTLE SERVICE. Second by Peters. Passed by the following vote: Peters-yea,Faulconer-yea, Atkins-yea, Young-nay, Maienschein-not present, Frye-not present,Madaffer-yea, Hueso-yea.


ITEM-336: 860 Agate Map Waiver, Project No. 161894. CEQA determinationAppeal for Condominium Conversion, a Map Waiver to waive the requirementfor a Tentative map to convert two existing residential units to condominium anda

Waiver from the requirement to underg round the existing overhead utilities. (Pacific Beach Community Plan Area. District 2.)

Matter of the appeal by Cory J. Briggs, Briggs Law Corporation, on behalf ofCitizens for Responsible Equitable Environmental Development from the decisionof the City of San Diego as Lead Agency under the California EnvironmentalQuality Act (CEQA) which has determined that the subject project is exemptpursuant to State CEQA Guidelines Section 15301 (k).

(Tentative Map No. 161894.)

STAFF’S RECOMMENDATION: Take the following action: (R-2009- ) DENIED APPEAL/GRANTED MAP/ADOPTED AS RESOLUTION R-304446 Adoption of a Resolution granting or denying the appeal and granting or denying

the Tentative Map No. 161894 , including the request to waive the requirement tounderground the existing overhead utilities, with appropriate findings to supportCouncil action;

Directing the City Attorney to prepare the appropriate resolution according to

Section 40 of the City Charter.

STAFF SUPPORTING INFORMATION: REQUESTED ACTION:Appeal of the environmental determination of exemption prepared for a condominiumconversion within the Pacific Beach Community Plan area. The project is known as 860 AgateMap Waiver - Project No. 161894.



STAFF RECOMMENDATIONS:1. Deny the appeal and uphold the Environmental Determination. 2. Make an express finding that the informa tion provided by the appellant and his experts

should be excluded from the record because it is argument, speculation, unsubstantiatedopinion or narrative, evidence that is clearly inaccurate or erroneous, or evidence of social oreconomic impacts that do not contribute to, or are not caused by, physical impacts on theenvironment.

EXECUTIVE SUMMARY:This is a California Environmental Quality Act (CEQA) appeal similar to other condominiumconversion project appeals previously brought before the City Council and denied. The denial of this appeal would allow the applicant to continue processing their Map Waiverrequest through the discretionary hearing process. Basis for Appeal: The appellant’s appeal states: “The determination that the project is exemptfrom environmental review under the California Environmental Quality Act (CEQA) is wrong. The project does not qualify for exemption under the CEQA Guidelines. Furthermore, theproject does not qualify for exemption under the CEQA Guidelines based on exceptions toexemption arising from the cumulative and other potentially significant adverse environmentalimpacts of converting apartments to condominiums, especially in light of the numerous proposedconversions and the serious decline in affordable housing that the City of San Diego is facing.” Staff Response: Staff conducted the initial review of the proposed Map Waiver in accordancewith the process set forth in Sections 15060 and 15061 of the California Environmental QualityAct (CEQA) Guidelines and determined that the project is exempt from CEQA pursuant to StateCEQA Guidelines, and using the Ci ty’s CEQA Significance Thresholds. To date, no substantial evidence has been identified by or presented to staff that would support afair argument that this particular condominium conversion could result in significant physicalimpacts on the environment, either singly or cumulatively. Staff therefore determined that theproject would not result in a direct, or reasonably foreseeable indirect physical change in theenvironment. City staff have determined that the project is exempt from CEQA pursuant to StateCEQA Guidelines Section 15301(k). Appeals brought by Citizens for Responsible EquitableEnvironmental Development, c/o Cory J. Briggs, Briggs Law Corporation have been heardbefore this City Council. This project was determined to be categorically exempt from theCalifornia Environmental Quality Act on August 12, 2008 (Attachment 1) and the appellantappealed that determination on August 19, 2008 (Attachment 2).


Staff agrees that the limited availability of affordable housing in the City of San Diego is anissue of concern. However, these concerns are policy issues within the purview of City Council,and revisions to relevant policies and regulations are a more appropriate way to address theconcerns of the appellant. Significant revisions to the Condominium Conversion regulationswere unanimously approved by the City Council on January 24, 2006, and June 13, 2006. While staff did evaluate the potential for physical impacts related to condominium conversions,it should be noted that the burden of proving that a categorical exemption has beeninappropriately applied is on the appellant. The appellant has not proved his argument. The subject project does not include any physical changes in the environment that would nototherwise be exempt, or any intensification of use. There is no evidence that any growthinducement or cumulative impacts would result. FISCAL CONSIDERATIONS: The processing of this project to a decision will be charged to a deposit account established bythe applicant. Should the City Council remand the matter back to the Development ServicesDepartment, or direct a Program Environmental Impact Report be prepared, significant costscould be incurred by the applicant. PREVIOUS COUNCIL AND/OR COMMITTEE ACTION:This same type of appeal has been scheduled before the City Council in the recent past. The CityCouncil concurred with staff and denied all of the appellant’s appeals. Planning Commission Decision: The Planning Commission has not acted (and is not required toact) on this issue of the appeal of the environmental determination of exemption. COMMUNITY PARTICIPATION AND PUBLIC OUTREACH EFFORTS:The issue of the appeal of the environmental determination has not been presented to communityplanning groups. KEY STAKEHOLDERS & PROJECTED IMPACTS:860 Agate, LLC, Owner (Attachment 3) and Robert Bateman, San Diego Land Surveying andEngineering, Inc., Applicant. Broughton/Anderson/LF NOTE: This project is exempt from the California Environmental Quality Act pursuant to StateCEQA Guidelines Section 15301, Existing Facilities.


Staff: Linda D. French – (619) 446-5235 NOTE: This item is not subject to the Mayor’s veto.

FILE LOCATION: MEET COUNCIL ACTION: (Time duration: 2:26 p.m. – 2:27 p.m.)

Testimony in favor by Mekaela Gladden. MOTION BY FAULCONER TO ADOPT STAFF’S RECOMMENDATION TO DENYAPPELLANT’S APPEAL; UPHOLD THE ENVIRONMENTAL DETERMINATION;AND GRANT THE TENTATIVE MAP INCLUDING THE REQUEST TO WAIVETHE REQUIREMENT TO UNDERG ROUND THE EXISTING OVERHEADUTILITIES, WITH APPROPRIATE FINDINGS TO SUPPORT COUNCIL ACTION;AND TO MAKE AN EXPRESS FINDING THAT THE INFORMATION PROVIDEDBY THE APPELLANT AND HIS EXPERTS SHOULD BE EXCLUDED FROM THERECORD. Second by Hueso. Passed by the following vote: Peters-yea, Faulconer-yea,Atkins-yea, Young-yea, Maienschein-yea, Frye-yea, Madaffer-yea, Hueso-yea.

ITEM-337: Golden Triangle Business Center, Project No. 155174. Site DevelopmentPermit, Tentative Map, and Planned Development Permit for the construction of a100,000 square-foot, four-story office building, over a two-level parkingstructure. (University Community Plan Area. District 1.)

Matter of approving, conditionally approving, modifying or denying a SiteDevelopment Permit, Tentative Map, and Planned Development Permit for theconstruction of a 100,000 square-foot, four-story office building, over a two-levelparking structure. In addition, the applicants are proposing utilization of City fee-owned Open Space parkland to provide access to the proposed project site. Theproject site is located west of Interstate 805, east of Genesee Avenue, south ofNobel Drive and north of the railroad easement located in Rose Canyon OpenSpace Park, within the University Community Plan.



STAFF'S RECOMMENDATION: Adopt the following resolutions in subitems A and B:

Subitem-A: (R-2009-567) RETURNED TO THE MAYOR’S OFFICE WITH DIRECTION

Adoption of a Resolution certifying findings with respect to Site Development

Permit (SDP) No. 603150 and Planned Development Permit No. (PDP) No.555118;

Declaring the findings are supported by the minutes, maps and exhibits, all of

which are herein incorporated by reference; Denying SDP No. 603150 and PDP No. 55118 to Golden Triangle Partners.

Subitem-B: (R-2009-568) RETURNED TO THE MAYOR’S OFFICE WITH DIRECTION

Adoption of a Resolution certifying findings with respect to Tentative Map (TM)

No. 555119; Declaring the findings are supported by the minutes, maps and exhibits, all of

which are herein incorporated by reference; Declaring that, based on findings hereinbefore adopted by the Council of the City

of San Diego, TM No. 555119 is denied to Golden Triangle Partners, Applicant,and Leppert Engineering Corporation, Engineer.


The project was not presented to the Planning Commission. A Planning Commissionrecommendation is not required for the Sale of Public Land pursuant to Section CouncilPolicy 700-06, Encroachments on City Property.

Staff’s recommendation is to deny Site Development Permit No. 603150, PlannedDevelopment Permit No. 555118, and Tentative Map No. 555119.


The University Community Planning Group has been notified of this project and has notsubmitted a recommendation. The project was informally presented to the Friends of Rose Canyon on October 27,2008, and the group will be submitting a letter at the hearing. The project will also beinformally being presented to members of the University Community Planning Groupprior to the City Council hearing. The University Community Planning Group will nothold a November meeting and will also be submitting a letter with their recommendationat the City Council hearing.

STAFF SUPPORTING INFORMATION: REQUESTED ACTION:A Site Development Permit, Tentative Map, and Planned Development Permit for theconstruction of a 100,000 square-foot, four-story office building over a two-level parkingstructure. The project site is located west of Interstate 805, east of Genesee Avenue, south of Nobel Drive and north of the railroad easement located in Rose Canyon Open Space Park, withinthe University Community Plan (Attachment 1). STAFF RECOMMENDATION:Deny Site Development Permit No. 603150, Planned Development Permit No. 555118, andTentative Map No. 555119. EXECUTIVE SUMMARY:The project requires approval of a Site Development Permit, Tentative Map, and PlannedDevelopment Permit for the construction of a 100,000 square-foot, four-story office building,over a two-level parking structure. In addition, the applicants are proposing utilization of Cityfee-owned Open Space parkland to provide access to the proposed project site. Staff cannotsupport the use of Open Space parkland for this private project. The applicants have asked staffto move the project to the City Council for a decision on the proposed project (Attachment 2). Staff is recommending that the City Council deny the proposed project. The project is currently proposing to gain access to the project through parcels located within theMulti-Habitat Planning Area (MHPA) of the Multiple Species Conservation Program (MSCP). Biological resources within the proposed access roadway include southern sycamore riparianwoodland, southern willow scrub, riparian scrub, coast live oak woodland, Diegan coastal sagescrub, chaparral, and non-native grassland. The proposed access road has the potential to crossriparian habitat in two locations. Additionally, depending on the location of the road, a MHPAboundary line adjustment may be required. The proposed access is not the most environmentallysensitive alternative, and staff has recommended that the applicants use their existing legal


access to the property. Based on staff’s analysis of the proposed project, the owners would needto purchase two parcels of land to utilize their proposed access road; Assessor Parcels Nos. 345-221-01 and 348-840-07. The City’s Real Estate Assets Department Land Acquisition Records indicate that Parcel 345-221-01 is a 2.25 acre parcel acqui red on December 29, 1988, as Open Space per the approval ofSubdivision Map 12234. Parcel 348-840-07 is 5.43 acres and was acquired as Open Space perthe approval of Subdivision Map 11505. Both parcels would be needed to gain access to the site,and both parcels are designated parkland. The applicants are requesting access that wouldimpact approximately 1.50 acres of the 2.25 acre parcel, and 2.20 acres of the 5.43 acre parcel(Attachment 3). City Charter Article 5, Section 55, Park and Recreation states: “real property which has beenheretofore or which may hereafter be set aside without the formality of an ordinance or statutededicating such lands for park, recreation or cemetery purposes may be used for any publicpurpose deemed necessary by the Council” (Attachment 4). In addition, Council Policy 700-06, Encroachments on City Property, Section I, B. 2, Dedicatedor Designated Parkland and Open Space states: “Permission for encroachment on dedicated ordesignated parkland and open space that would benefit only a private party shall not be granted”(Attachment 5). Staff has determined that both the use and/or the sale of City fee-owned OpenSpace parkland for use as a private road providing no public benefit to the City is not warrantedand should not be granted. Pursuant to previously approved Subdivision Map No. 11505, the proposed project site hasaccess via an existing private driveway from Shoreline Drive off Nobel Drive. This existing andimproved 26-foot private driveway is the legal access for the proposed parcel. Since 1994, staffhas consistently advised the applicant to remove the proposed access road from all City fee-owned Open Space parkland and utilize the existing legal access to the site (Attachment 6). Because staff and the applicant have reached an impasse on this issue, the applicant hasrequested that staff move the project forward to the City Council with a recommendation fordenial. The California Environmental Quality Act includes a provision that allows exemptionsfor projects where staff is recommending denial, and prior to the completion of an adequate finalenvironmental document. Therefore, the City Council’s only options include 1) Denial of theproject; or 2) Return the project to staff with direction to work with the applicant to allow theproject access through publicly owned open space parkland and/or the sale of the affected openspace parcels.


FISCAL CONSIDERATIONS:All costs associated with processing this project are recovered from a deposit account maintainedby the applicant. PREVIOUS COUNCIL AND/OR COMMITTEE ACTION: None. COMMUNITY PARTICIPATION AND PUBLIC OUTREACH EFFORTS:The project was informally presented to the University Community Planning Group onOctober 23, 2008. The group will not hold a November meeting and will be submitting a letterwith their recommendation at the City Council hearing. The project was not presented to thePlanning Commission. A Planning Commission recommendation is not required for the Sale ofPublic Land pursuant to section Council Policy 700-06, Encroachments on City Property. KEY STAKEHOLDERS AND PROJECTED IMPACTS (if applicable):ISD Properties, LLC, Applicant. Broughton/Anderson/DJ Staff: Derrick Johnson – (619) 446-5238 Nina M. Fain– Deputy City Attorney NOTE: This project is exempt from the California Environmental Quality Act pursuant to State

CEQA Guidelines Section 15270(a) of the State CEQA Guidelines (Project Denial). NOTE: This item is not subject to the Mayor’s veto. FILE LOCATION: MEET COUNCIL ACTION: (Time duration: 3:48 p.m. – 3:49 p.m.)

MOTION BY COMMON CONSENT TO RETURN TO THE MAYOR WITHDIRECTION TO HAVE THE ITEM RETURN TO COUNCIL IN 90 DAYS. Passed bythe following vote: Peters-yea, Faulconer-yea, Atkins-yea, Young-yea, Maienschein-yea,Frye-yea, Madaffer-yea, Hueso-yea.


REPORT OUT OF CLOSED SESSION:

To view the list of all available City Council Closed Session Meetings Reports refer tothe link below:

http://www.sandiego.gov/city-clerk/closedsess.shtml

FILE LOCATION: MINUTES COUNCIL ACTION: (Time duration: 8:36 p.m. – 8:36 p.m.)

NON-DOCKET ITEMS: None.

ADJOURNMENT: The meeting was adjourned by Council President Peters at 8:48 p.m. FILE LOCATION: MINUTES COUNCIL ACTION: (Time duration: 8:48 p.m. – 8:48 p.m.)

_________________________________Elizabeth S. Maland, City ClerkCity of San Diego



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